Goldberg v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nathan Goldberg, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of November, 1918, as denies his motion for a bill of particulars as to certain of defendant’s affirmative defenses.
1Opinion of the Court
Page, J.:
The action is to recover upon a policy of burglary insurance for losses sustained. A copy of the policy is annexed to the complaint and the facts of the burglary and the amount of loss sustained are set forth, as well as the facts in regard to notice and proof of loss given to the defendant, the examination of the plaintiff employee, books and papers produced pursuant to notice and a compliance on plaintiff’s part with all the terms and conditions of the policy on his part to be performed except as to certain conditions which had been waived. The answer *517contains many admissions and…
2Cases cited3 opinions
- Cunard v. . FrancklynNew York Court of Appeals · 1888
- Barreto v. RothschildAppellate Division of the Supreme Court of the State of New York · 1904
- Herzig v. Washington Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- Burns v. LipsonAppellate Division of the Supreme Court of the State of New York · 1923
- Rockwood Co. v. Northwestern Fire & Marine Ins.District Court, E.D. New York · 1928
- Quashnofsky v. Davies Building, Inc.New York Supreme Court · 1956
- Gruening v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1919
- Northern Underwriting Agency, Inc. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1919