GERVANT v. NEW ENGLAND FIRE INS. CO.


306 N.Y. 393 (1954)

Ethel Gervant, Respondent, v. New England Fire Insurance Co., Appellant.

Court of Appeals of the State of New York.

Decided March 11, 1954


Attorney(s) appearing for the Case

Samuel Shapiro and Frederick T. Case for appellant.

Arthur Karger for respondent.

LEWIS, Ch. J., DESMOND, DYE, FROESSEL and VAN VOORHIS, JJ., concur; FULD, J., taking no part.


CONWAY, J.

Plaintiff was the owner of premises at 231 Ellery Street in Brooklyn, New York, which were insured by the defendant against loss or damage by fire for an amount not exceeding $6,000. On January 18, 1951, while the policy was in full force and effect, the premises were partially destroyed by fire.

Plaintiff and defendant were unable to agree as to the actual cash value of the property at the...

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