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SAGORSKY v. MALYON

3 N.Y.2d 907 (1957)

Yetta Sagorsky et al., Copartners Doing Business under the Name of I. S. Sagorsky and Son, Appellants, v. B. H. Malyon, as One of the Underwriters at Lloyd's, London, Subscribing Policy No. 49/30726, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1957.

Attorney(s) appearing for the Case

Paul D. Compton and Eugene Wollan for appellants.

Brendan C. Kelly, John J. Killea and Norman C. Mendes for respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur in Per Curiam opinion; DYE, J., dissents and votes to affirm.

Per Curiam.

Plaintiffs sued defendant insurer under a policy covering the loss of certain jewelry stolen from the plaintiffs. The first trial of this action resulted in a jury verdict for the plaintiffs. In the Appellate Division judgment was reversed and the complaint dismissed. On appeal to this court the dismissal was reversed upon the holding that the evidence presented a question of fact for the jury. [

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