Molot, Inc. v. Commonwealth Insurance

Judgment unanimously modified on the law to the extent of deleting the second, fourth and fifth decretal paragraphs and remanding the matter for a new trial only on the question of the amount of the damages to be awarded the plaintiff, with costs to the appellant. There having been no appeal taken by either party from that portion of the judgment which set aside the appraisal and award made under the terms of the insurance policy, it must be permitted to stand. However, the award with respect to damages must be set aside because there was no proper proof of damage. The “ actual cash value ”…