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ATKINS & FIVE SONS v. MASS. BOND. & INS. CO.

207 Misc. 58 (1955)

Thomas J. Atkins & His Five Sons, Ltd., Appellant, v. Massachusetts Bonding & Insurance Company, Respondent.

Supreme Court, Appellate Term, Second Department.

January 5, 1955.

Attorney(s) appearing for the Case

Ira M. Greene for appellant.

Peter A. Verdirame and Anthony J. De Cicco for respondent.

COLDEN, KLEINFELD and HART, JJ., concur.

Per Curiam.

The respective rights and obligations of the parties should have been determined from the insurance policy, without regard to criminal law statutes and cases, since "An insurance policy or bond is no different than any other contract, and comes within the same rules of construction" (Kean v. National Sur. Co., 241 N.Y. 252, 258). Applying the pertinent part of the definition of robbery as stated in...

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