LACHS v. FID. & CAS. CO. OF N. Y.


306 N.Y. 357 (1954)

Marion E. Lachs, Respondent, v. Fidelity & Casualty Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided March 4, 1954


Attorney(s) appearing for the Case

Henry J. Bogatko, Archie M. Stevenson and William M. Keegan for appellant.

A. David Rosen and Meyer Licht for respondent.

LEWIS, Ch. J., DYE and FROESSEL, JJ., concur with CONWAY, J.; FULD, J., dissents in opinion in which DESMOND, J., concurs; VAN VOORHIS, J., taking no part.


CONWAY, J.

This is a motion by defendant insurance company for summary judgment in an action by the daughter beneficiary named in an airplane trip insurance contract. Special Term denied the motion and the Appellate Division affirmed, ruling that "the language of the coverage was not so plain and unmistakably clear as to compel dismissal of the complaint as a matter of law on the merits and the granting of summary...

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