Durham v. Stuyvesant Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk thereof on the 14th day of June, 1920, affirming a judgment of the City Court of the City of New York, entered upon a verdict directed for the plaintiff, and affirming an order of the City Court denying plaintiff’s motion for a new trial, and from the judgment of the City Court thereupon entered.
1Per curiam
It appearing from the evidence and from the concessions upon the trial that, assuming the operation of the co-insurance clause in-the policy in suit, the amount of the loss to be borne by the defendant would be the sum of $961.11, with interest from September 6, 1919, upon the authority of Aldrich v. Great American Insurance Co. (195 App. Div. 174), decided by this court in January, 1921, the determination of the Appellate Term and the judgment of the City Court thereupon entered are reversed, and the original judgment of the City Court modified by reducing the amount of said judgment as…
2Cases cited1 opinion
- Aldrich v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1921