New York Court of Appeals, 1974

Paul Tishman Co., Inc. v. Carney & Del Guidice, Inc.

Paul Tishman Co., Inc. v. Carney & Del Guidice, Inc.
New York Court of Appeals · Decided July 11, 1974 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin Concur in Memorandum Judge Stevens Taking No Part
34 N.Y.2d 941; 316 N.E.2d 875; 359 N.Y.S.2d 561; 1974 N.Y. LEXIS 1401
Paul Tishman Co., Inc. v. Carney & Del Guidice, Inc.

Cases that cite this one

26 later published cases cite this decision. The 24 that cite it most often are listed here.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Memorandum. In agreeing with the majority at the Appellate Division, we would merely add that defendant’s insurable interest under the fire insurance policies here in question was limited to its property interest in the building under construction —■ i.e., the tools, labor and material furnished or owned by the defendant: Since no part of the damages alleged by the *943 plaintiff in this litigation was for destruction of any property owned or furnished by the defendant, it cannot be said that the defendant was a coinsured under the terms of the policy with respect to the loss caused by the fire.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin concur in memorandum; Judge .Stevens taking no part.

Judgment affirmed, with costs.

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