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LEVINE v. ACCIDENT & CAS. INS. CO.

203 Misc. 135 (1952)

Irving Levine, Plaintiff, v. Accident and Casualty Insurance Co., Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

April 28, 1952.

Attorney(s) appearing for the Case

Henry S. Drezner for plaintiff.

William R. Armuty, Jr., and John J. Jablonsky for defendant.

STARKE, J.

This is an action to recover on a theft policy the sum of $750, alleged to be the value of a diamond ring.

This case involves the construction and interpretation of the following words: "Mysterious disappearance of any insured property shall be presumed to be due to theft."

There is no New York law on the subject. Counsel cite two cases in the United States (Davis v...

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