Miceli v. Atlas Assurance — 225 A.D. 723

Majority

p. 723

Serafino Miceli and Another, Respondents, v. The Atlas Assurance Company, Limited, of London, Appellant.^[1]

Judgment affirmed, with costs. All concur, except Taylor, J., who dissents on the law and votes for reversal on the ground that there is nothing in the record to show that defendant waived, or was estopped from relying upon, the twelve months’ limitation period. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ. [ 130 Misc. 52 .]

Cases cited

Miceli v. Atlas Assurance Co. of London 130 Misc. 52 N.Y. Sup. Ct. 1927-07-16 p. 723