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American Charm Corp. v. St. Paul Fire & Marine Insurance

56 Misc. 2d 574 Court Supreme Court, Appellate Term, First Department, Decision date 1968-01-25 English

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p. 574
American Charm Corporation et al., Respondents, v. St. Paul Fire and Marine Insurance Company et al., Appellants.
Supreme Court, Appellate Term, First Department,
January 25, 1968.
Tell, Cheser, Werner & Breitbart (Solomon M. Cheser and Benjamin L. Tell of counsel), for appellants. Miller & Seeger (Israel G. Seeger of counsel), for respondents.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P., Gold and Hofstadter, JJ.

Order reversed, etc.