Appellate Terms of the Supreme Court of New York, 1960

Prince Mark, Inc. v. Quaker City Fire & Marine Insurance

Prince Mark, Inc. v. Quaker City Fire & Marine Insurance
Appellate Terms of the Supreme Court of New York · Decided November 23, 1960
28 Misc. 2d 509; 208 N.Y.S.2d 67; 1960 N.Y. Misc. LEXIS 2159

Counsel

Abraham & Koenig (Sidney Koemg and David Zweig of counsel), for appellant. Weintraub é Pass (Charles T. Weintraub of counsel), for respondent.

Prince Mark, Inc. v. Quaker City Fire & Marine Insurance

Opinion of the Court

Per Curiam.

The plaintiff is entitled to reimbursement under the “Theft Cover-Locked Vehicle Endorsement” for the loss sustained by reason of the theft of the merchandise while it *510was in the parked station wagon of its president. The scope of intended coverage not being clear, all ambiguity must be resolved in favor of the insured. (Hartol Prods. Corp. v. Prudential Ins. Co., 290 N. Y. 44, 49.)

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs. Appeal from decision dismissed.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.