235 A.D. 698 | N.Y. App. Div. | 1932
'Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. (1) The contract made by the insured with the city, and particularly paragraph MM thereof, did not, by concealment or increase or change of risk, discharge the insurer from its liability under the policy. (2) The evidence as to the origin of the fire was largely speculative and conjectural, with insufficient direct evidence or proof of circumstances that lead by reasonable inference to the conclusion that the fire