Legal Opinion

Gertner v. Glens Falls Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1920PublishedCited by 6 opinions

Appeal by the defendant, Glens Falls Insurance Company of Glens Falls, New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of February, 1920, 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 15th day of March, 1920, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Greenbaum, J.:

The action was brought to recover a loss upon a fire insurance policy of $3,000 issued by defendant. The only question submitted to the jury was the amount of the damages. The court construed the policy as a matter of law in favor of the plaintiff and directed a verdict for the sum found by the jury*. The policy was a standard form and described the place where J the property insured was located as follows: “All while contained in (sic) on the building extensions and additions thereto, situate No. 1135 East Tremont Avenue, N. Y. C.” The sole question in the case is whether the…

2Cases cited3 opinions

  1. Gross v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1896
  2. Ideal Pump & Manufacturing Co. v. American Central InsuranceMissouri Court of Appeals · 1912
  3. Acione v. Commercial Union Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1918

3Cited by6 opinions

  1. Fidelity Phenix Fire Ins. Co. of New York v. RaperSupreme Court of Alabama · 1941
  2. Japour v. Ed Ryan & Sons AgencyAppellate Division of the Supreme Court of the State of New York · 1995
  3. Canterberry v. CanterberryWest Virginia Supreme Court · 1938
  4. Alterman v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
  5. Orwat v. Ætna InsuranceNew York Supreme Court · 1928

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