Zeltner v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
The action is by a trustee in bankruptcy upon a policy of burglary insurance. The policy was issued by the defendant to the firm of Melzer & Friedman. The plaintiff has succeeded to the rights of the assured under the policy and seeks to recover a loss thereunder. The complaint is in the usual form and alleges performance of all the terms and conditions of the policy on the part of the assureds required by them to be performed.
As a first separate defense the defendant alleged that it was not to be held liable under the policy, “ (e) For loss or damage unless books and accounts are regularly…
2Cases cited12 opinions
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Lattimer v. Sun-Herald Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Middleton v. BoardmanNew York Court of Appeals · 1925
- New York City Car Advertising Co. v. E. Regensburg & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919
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3Cited by29 opinions
- Speybroeck v. StateIndiana Supreme Court · 1927
- Alderman v. EagleAppellate Division of the Supreme Court of the State of New York · 1973
- Kincaid v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1979
- Beeber v. Empire Power Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Irv-Bob Formal Wear, Inc. v. Public Service Mutual InsuranceCivil Court of the City of New York · 1975
24 more not listed; retrieve them via the Exa API.