Legal Opinion

Rifkin v. Stuyvesant Insurance

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

Decided April 6, 1934PublishedCited by 5 opinions

1Opinion of the CourtGlennon, J.

The complaint is based on a policy of insurance issued February 3, 1932, by defendant to plaintiff, the owner of a Buick automobile, insuring the plaintiff against its theft. The *541amount of the pohcy is $1,200. It is alleged in the complaint that the automobile was stolen on May 26, 1932.

The defendant in its answer set up as a first affirmative defense that on March 1, 1932, plaintiff executed and dehvered a chattel mortgage upon the automobile to the Tri-State Discount Company. The plaintiff’s pohcy concededly contained the following provision: “ Unless otherwise provided by agreement in…

2Cases cited4 opinions

  1. Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
  2. O'Connor Transportation Co. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
  3. O'Connor Transp. Co., Inc. v. . Glens Falls Insurance Co.New York Court of Appeals · 1922
  4. Woodside Brewing Co. v. Pacific Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Gurski v. Rosenblum and Filan, LLCSupreme Court of Connecticut · 2005
  2. Riteway Carriers, Inc. v. Stuyvesant Ins.District Court, D. Minnesota · 1953
  3. Hartford Accident & Indemnity Co. v. Regent Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1979
  4. Reynolds v. GortonNew York Supreme Court · 1960
  5. Liza Co. v. Mark Hellinger Theatre, Inc.New York Supreme Court · 1962

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