Wisz v. Glens Falls Insurance — 145 N.Y.S. 1150

Majority

p. 1150

WISZ, Respondent, v. GLENS FALLS INS. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 21, 1914.)

Headnote

Action by John Wisz against the Glens Falls Insurance Company.

Judgment and order reversed, defendant’s motion for the direction of verdict granted, and complaint dismissed, with costs, including the costs of this appeal. As matter of law, the evidence shows that the premises ceased to be occupied as a private residence prior to the fire, within the terms of the warranty contained in the policy, and therefore the policy was voided.

KRUSE, P. J., dissents.