Appellate Terms of the Supreme Court of New York, 1956

Blinbaum v. Union Marine & General Insurance

Blinbaum v. Union Marine & General Insurance
Appellate Terms of the Supreme Court of New York · Decided October 25, 1956
5 Misc. 2d 645; 158 N.Y.S.2d 969; 1956 N.Y. Misc. LEXIS 1476

Counsel

David L. Maloof for defendant and third-party plaintiff-appellant., Herman B. Zipser for respondent and third-party defendant-respondent.

Blinbaum v. Union Marine & General Insurance

Opinion of the Court

Per Curiam.

Although the policy issued by Northern was prior to the date of the policy issued by Union Marine, the latter policy was the specific one, insuring, as it did, against a specific peril. The court below, therefore, correctly followed the declaration of the Court of Appeals that insurance may be specific because it insures against a specific peril. (Davis Yarn Co. v. Brooklyn Yarn Dye Co., 293 N. Y. 236.)

The orders appealed from were properly made.

The judgment and orders should be affirmed, with $10 costs.

Eder, Heoht and Tilzer, JJ., concur.

Judgment and orders affirmed, etc.

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