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Appellate Terms of the Supreme Court of New York, 1968

American Charm Corp. v. St. Paul Fire & Marine Insurance

American Charm Corp. v. St. Paul Fire & Marine Insurance
Appellate Terms of the Supreme Court of New York · Decided January 25, 1968
56 Misc. 2d 574; 289 N.Y.S.2d 383; 1968 N.Y. Misc. LEXIS 1795

Counsel

Tell, Cheser, Werner & Breitbart (Solomon M. Cheser and Benjamin L. Tell of counsel), for appellants. Miller & Seeger (Israel G. Seeger of counsel), for respondents.

American Charm Corp. v. St. Paul Fire & Marine Insurance

Opinion of the Court

Per Curiam.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P., Gold and Hofstadter, JJ.

Order reversed, etc.

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