Legal Opinion

Glazer v. . Home Ins. Co.

New York Court of Appeals

Decided November 19, 1907PublishedCited by 29 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1906, affirming ail order of the Appellate Term, which reversed a judgment of the Hew York City Court in favor of plaintiff entered upon a verdict.and granted a new trial. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1906, affirming ail order of the Appellate Term, which reversed a judgment of the Hew York City Court in favor of plaintiff entered upon a verdict.and granted a new trial. The facts, so far as material, are stated in the opinion. By its acceptance and retention of the proofs of loss without objection, its immediate subsequent inspection of the damaged property and the place where the fire occurred, its repeated offers of less tlmn'the claim, which were accompanied by a…

1Opinion of the CourtO’Brien, J.

The plaintiff sotight to recover the amount of a loss under a fire insurance policy. The action was brought in the City Court of Mew York city. The policy insured the plaintiff against loss or damage of certain articles of furniture and personal property'contained in the dwelling house where he lived, the building also containing the store in which his business ivas transacted. There was a fire in the building and some of the furniture was damaged, but not wholly destroyed. The whole controversy arose from a dispute between the parties with respect to the amount of damages. There ivere…

2Cases cited2 opinions

  1. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  2. Carpenter v. German American InsuranceNew York Court of Appeals · 1892

3Cited by29 opinions

  1. Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
  2. Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
  3. Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
  4. Kundiger v. Metropolitan Life Insurance Co.Supreme Court of Minnesota · 1944
  5. Schunk v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

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