Lorenz v. Indemnity Ins. Co. of North America

Full title: LOUIS LORENZ et al., Copartners Doing Business under the Name of LORENZ…

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 17, 1949

197 Misc. 21 (N.Y. App. Term 1949)

94 N.Y.S.2d 25

Opinion

November 17, 1949.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LEWIS, J.

Edward G. Watson and George A. Garvey for appellant.

Frederick Behr, Jr., and Frederick Behr for respondent.

Per Curiam.

It plainly appears that at the time of the "robbery" plaintiffs' messenger or agent was not actually cognizant of the commission of the alleged felonious act as testified; indeed he was not aware of such act. The loss was not by reason of the "robbery" as defined in the policy.

The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.

PECORA, EDER and HECHT, JJ., concur.

Judgment reversed, etc.