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Appellate Terms of the Supreme Court of New York, 1949

Lorenz v. Indemnity Insurance Co. of North America

Lorenz v. Indemnity Insurance Co. of North America
Appellate Terms of the Supreme Court of New York · Decided November 17, 1949
197 Misc. 21; 94 N.Y.S.2d 25; 1949 N.Y. Misc. LEXIS 3034

Counsel

Edward G. Watson and George A. Garvey for appellant., Frederick Behr, Jr., and Frederick Behr for respondent.

Lorenz v. Indemnity Insurance Co. of North America

Opinion of the Court

Per Curiam.

It plainly appears that at the time of the “ robbery ” plaintiffs’ messenger or agent was not actually cognizant of the commission of the alleged felonious act as testified; indeed he was not aware of such act. The loss was not by reason of the “ robbery ” as defined in the policy.

The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.

Pecoba, Edeb and Hecht, JJ., concur.

Judgment reversed, etc.

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