Wisz v. Glens Falls Insurance

Judgment and order reversed, defendant’s motion for the direction of verdict granted, and complaint dismissed, with costs, including the costs of this appeal. Held, as matter of law, that the evidence shows that the premises ceased to he occupied as a private residence prior to the fire, within the terms of the warranty contained in the policy and that, therefore, the policy was voided. All concurred, except Kruse, P. J., who dissented.