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Frye v. Phœnix Assurance Co.

252 A.D. 916 Court N.Y. App. Div. Decision date 1937-11-05 English

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p. 916
William B. Frye, as Administrator, etc., of Ray A. Edson, Deceased, Appellant, v. Phœnix Assurance Company, Limited, of London, England, and Others, Respondents.

Judgment and order affirmed, with costs. All concur, except Sears, P. J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that a verdict establishing incendiarism is contrary to and against the weight of the evidence. (The judgment is for defendants in an action under fire insurance policies. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.