Baar v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmund Baar, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 28th day of September, 1923, denying his motion to vacate or limit a notice for his examination before trial, and to stay the examination pending the trial of a criminal proceeding.
1Opinion of the Court
Rich, J.:
Plaintiff seeks to recover in this action the proceeds of a policy of burglary insurance covering certain wines and liquors alleged to have been stored at his premises in the borough of Brooklyn. *413The defendant has interposed a general denial and eight separate defenses. Briefly summarized, the plaintiff is charged therein with breaches of warranty under the policy, and fraud which induced the making thereof, with increasing the hazard by acts apparently violative of the National Prohibition Act,* with the illegal purchase, possession and sale of the liquors, and with the presentation…
2Cases cited2 opinions
- People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
- Abbott-Downing Co. v. FaberNew York Supreme Court · 1895