Creem v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes. Also an appeal by the plaintiffs, Daniel J. Creem and another, from certain parts of the said judgment, and' also from an order entered in said…
1DissentIngraham, P. J.
When this case was before this court on the former appeal (132 App. Div. 241) it was expressly held that the action was not commenced within the time provided in the policy, and I do not see that any additional facts have been presented upon this trial which question the conclusion there arrived at.
The accident which was the basis of this litigation occurred on June 6, 1896, and an action to recover for that-accident was barred by the Statute of Limitations three years thereafter. (Code Civ. Proc. § 383, subd. 5.) By the terms of the policy no action would lie against the defendant after June…
2Cases cited1 opinion
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1909