Scarola v. INS. CO. OF N. AMER.

31 N.Y.2d 411 (1972)

Jesse T. Scarola, Respondent,

v.

Insurance Company of North America, Appellant.

Court of Appeals of the State of New York.

Argued December 4, 1972.

Decided December 29, 1972.

William F. McNulty, Daniel J. Coughlin and Anthony J. McNulty for appellant.

Arthur L. Goldstein for respondent.

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judge BURKE dissents and votes to reverse in a separate opinion.

BERGAN, J.

The finding of fact that plaintiff purchased the automobile insured by defendant for value and without knowledge it was stolen has been…