Holt v. Fidelity Phoenix Fire Insurance

297 N.Y. 987 Court N.Y. Decision date 1948-05-20 English

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Majority

p. 987

J. Stephen Holt, Appellant, v. Fidelity Phoenix Fire Insurance Company of New York, Respondent.

Argued April 16, 1948;

decided May 20, 1948.

p. 988

Jack Goodman for appellant.

Nelson B. Pirnie for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Thacher and Fuld, JJ. Dissenting: Desmond and Dye, JJ., on the ground that plaintiff was entitled to summary judgment and an assessment of damages.