Orlando v. Great Eastern Casualty Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, first district, rendered December 15, 1914, dismissing plaintiff’s complaint without prejudice, and with costs. The action was on a policy of burglary insurance.
1Opinion of the CourtBenedict, J.
This is an appeal from a judgment of non-suit, and the plaintiff is, therefore, entitled to have the testimony given in his behalf taken as true, and must be given the benefit of all favorable inferences that can be drawn therefrom.
Plaintiff sues upon a policy of burglary insurance to recover the amount of a loss alleged to have been sustained by burglary. The loss is claimed to have occurred at plaintiff’s residence, 274 St. Johns place, borough of Brooklyn, New York city, on or about December 10, 1913. Two questions are involved: (1) Whether the plaintiff gave sufficient prima facie proof…
2Cases cited2 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Ewing v. Commercial Travelers' Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Levine v. Accident & Casualty InsuranceCity of New York Municipal Court · 1952
- Haas v. Fidelity & Deposit Co. of MarylandAppellate Terms of the Supreme Court of New York · 1916
- Virzi v. Kings County Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1938