197 A.D. 576 | N.Y. App. Div. | 1921
The action is brought by the Franklin Fire Insurance Company of Philadelphia to. recover of the defendants Emanuel Weinberg and Julius Weinberg the sum of $236.01. The complaint alleges that on or about the 21st day of March, 1917, the plaintiff issued a policy of insurance to the defendants wherein and whereby the plaintiff agreed to indemnify the
It is claimed by the appellant, I think, without justification, that the aforesaid claim made by the defendants against the Metropolitan Life Insurance Company included the claim for loss and damage alleged to have been sustained by the aforesaid sprinkler leakage. In support of such claim the appellant relies upon a letter written by the defendants under date of February 21, 1918, to Messrs. Heil & Stern, the agents of the Metropolitan Life Insurance Company, defendants’ landlord. This letter refers at length to conversations and negotiations had between the parties respecting the claim of the defendants for damages resulting from the failure of the Metropolitan Life Insurance Company to properly heat that portion of the leased premises occupied by the defendants. The letter states that it was necessary for the defendants to install radiators; that there had been at least thirteen heatless days when the employees of the defendants could not work or could only work a part of the time, and that inclosed with the letter was the defendants’ claim. The letter contained the following statement: “ Another loss, for example, due to the cold temperature in our place, was caused by the sprinkler pipe bursting in our dress stock room and flooding the entire floor and part of the 6th floor, and damaging over $500 worth of our dresses.”
It is claimed by the appellant and was held by the Municipal Court that the defendants cannot now be heard to say that the damages caused by the bursting sprinkler was not the result of the negligence of the Metropolitan Life Insurance Company and that without question the general release
The determination appealed from should be affirmed, with costs.
Clarke, P. J., Laughlin, Dowling and Greenbaum, JJ., concur.
Determination affirmed, with costs.