Gluck v. London & Lancashire Indemnity Co. of America

2 N.Y.2d 953 Court N.Y. Decision date 1957-04-04 English

Judges Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel azzd Burke, JJ. Yan Voortcis, J., dissezits azid votes to reverse and to dismiss tbe complaint upozi the ground that recovery is precluded by failure to give writtezi ziotice of loss as required by the terms of tbe insurance policy.

Majority

p. 953

Helen Gluck, as Administratrix of the Estate of Carl Gluck , Deceased, Respondent, v. London & Lancashire Indemnity Company of America, Appellant.

Argued February 27, 1957;

decided April 4, 1957.

p. 954

Joseph Kane azid Edward Pacelli for appellant.

Nathaniel Rothstein for respondent.

Order affirmed azid judgmezit absolute ordered against defezidant on the stipulation, with costs izz. all courts. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel azzd Burke, JJ. Yan Voortcis, J., dissezits azid votes to reverse and to dismiss tbe complaint upozi the ground that recovery is precluded by failure to give writtezi ziotice of loss as required by the terms of tbe insurance policy.