Murray Oil Products Co. v. Royal Exchange Assurance Co.

further proceedings in accordance with its opinion ( 21 N Y 2d 440 ; see, also, 22 N Y 2d 722 ), the judgment of the Supreme Court, New York County, entered November 28, 1966, is affirmed, with $50 costs and disbursements to respondent. The Court of Appeals held that plaintiff’s loss was an “ ' expense ’ to the bailee ‘ resulting and/or arising from, through or in connection with the [its] legal liability * * * in respect to * * * the property of others under [its] control * * * for which [it was] legally liable’.” ( 21 N Y 2d 440 , 446) within the meaning of the policy of insurance. We heretofore held that in the light of the decision of the Court of Appeals, this court’s decision ( 28 A D 2d 839 ) rested solely on the law. ( 29 A D 2d 935 ). No new relevant questions of fact have been advanced. All questions of law have been decided by the Court of Appeals ( 21 N Y 2d 440 ). Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.