Wisz v. Glens Falls Insurance — 218 N.Y. 651

Majority

p. 651

John Wisz, Appellant, v. Glens Falls Insurance Company of Glens Falls, New York, Respondent.

Headnote

Wisz v. dens Falls Ins. Co., 161 App. Div. 911 , affirmed. ’

(Argued April 19, 1916;

decided May 9, 1916.)

Appeal from a judgment, entered January 26, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover upon a policy of fire insurance. The answer

p. 652

alleges that the policy contains a provision that the property insured should continue to he occupied by the said John Wisz and his family solely and wholly as a private family residence and farm and that in derogation and violation of such conditions the premises ceased to be occupied as a private family residence and were occupied by others.

Eugene Warner for appellant.

Vernon Cole for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hisoook, Chase, Cuddeback, Hogan, Oardozo and Pound, JJ.