Appellate Division of the Supreme Court of New York, 1941

Schwartz v. London & Lancashire Indemnity Co. of America

Schwartz v. London & Lancashire Indemnity Co. of America
Appellate Division of the Supreme Court of New York · Decided September 24, 1941
262 A.D. 985; 30 N.Y.S.2d 1022; 1941 N.Y. App. Div. LEXIS 6784
Schwartz v. London & Lancashire Indemnity Co. of America

Opinion of the Court

Judgment and order affirmed, without costs of this appeal to any party. All concur, except MeCurn, J., who dissents and votes for reversal and for granting a new trial. (The judgment reforms a policy of liability insurance issued to plaintiffs by defendant and awards judgment to plaintiff in an action to reform an automobile liability policy on the ground of mistake. The order grants plaintiffs’ motion to amend their amended complaint.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

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