Majority
p. 890Anna Graham, Respondent, v. Knickerbocker Insurance Company of New York, Appellant; Rosendale Developing Company, Inc., Respondent.
— Judgment unanimously affirmed, with costs. Judgments were in favor of the first and second mortgagees against the insurance company. The correct corporate name of the second mortgagee is “ Rosendale Developing Company, Inc.” The insurance policy carried the name “ Rosendale Development Co.” The slight discrepancy is without significance. The proof as to damages was proper under McAnarney v. Newark Fire Ins. Co. ( 247 N. Y. 176 ). There was no proof offered showing that the insured building was used as a hotel or store during the term of the policy. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.
Cases cited
- McAnarney v. Newark Fire Insurance 247 N. Y. 176 p. 890