American Charm Corp. v. St. Paul Fire & Marine Insurance
56 Misc. 2d 574 | N.Y. App. Term. | 1968
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.