LIBERMAN v. AM. LUMBERMANS MUT. CAS. CO.


203 Misc. 816 (1953)

Milton Liberman, Plaintiff, v. American Lumbermans Mutual Casualty Co., Defendant.

Municipal Court of the City of New York, Small Claims Part, Borough of Manhattan.

March 18, 1953.


Attorney(s) appearing for the Case

Benjamin H. Eisen and Jerome Margolies for plaintiff.

William C. Morris and John R. Curti for defendant.


WAHL, J.

In this action, brought in the Small Claims Part of the Municipal Court, the plaintiff, an executive of a large enterprise, was suing to recover the sum of $63.75 for damages to his new $5000 Cadillac. He claimed that the damage was caused by vandalism and, more specifically, by the acts of mischievous children. Payment was resisted by the defendant under the "Comprehensive" features of the insurance policy which expressly excluded damage to...

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