SHAPIRO & SCHOOLSKY WASTE MATERIAL CORP. v. AM. EAGLE FIRE INS. CO. OF NEW YORK


278 A.D. 694 (1951)

Shapiro & Schoolsky Waste Material Corp., Respondent, v. American Eagle Fire Insurance Company of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1951.


There seems to be no basis for reformation or recovery on the policies in suit, unless there was clear and convincing proof of misdescription of the premises containing the insured property, and that such misdescription was written into the binders and policies by the defendants' agent despite the alleged telephonic advice of Shapiro that the goods were not located in the premises of the Rag Processing Corporation. There was a flat contradiction on this point by the defendants...

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