Insurance of North America, Inc. v. Holiday Inns of America, Inc.

Cross appeals from an order of the Supreme Court at Special Term, entered November 4, 1971 in Saratoga County, which granted plaintiff’s motion insofar as it sought to strike a statutory defense interposed by defendant’s answer and denied the motion in all 'other respects. This appeal involves the liability of an innkeeper for jewelry which was missing from a guest’s room. On August 10, 1968 jewelry valued in excess of $35,000 was found to be missing from a guest’s room at appellant’s motel in Saratoga Springs. After investigation, respondent paid $35,000 pursuant to an insurance policy and…