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American Charm Corp. v. St. Paul Fire & Marine Insurance
289 N.Y.S.2d 383
N.Y. App. Term.
1968
Check Treatment
Per Curiam.

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.

Case Details

Case Name: American Charm Corp. v. St. Paul Fire & Marine Insurance
Court Name: Appellate Terms of the Supreme Court of New York
Date Published: Jan 25, 1968
Citation: 289 N.Y.S.2d 383
Court Abbreviation: N.Y. App. Term.
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