WOODS PATCHOGUE CORP. v. FRANKLIN INS. CO.


5 A.D.2d 577 (1958)

Woods Patchogue Corp., Appellant, v. Franklin National Insurance Company of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 21, 1958.


Attorney(s) appearing for the Case

Sidney N. Zipser and Howard E. Levitt for appellant.

Norman S. Rein, Paul D. Compton, Bert Cotton and Eugene Wollan for respondent.

NOLAN, P. J., and BELDOCK, J., concur with KLEINFELD, J.; MURPHY and UGHETTA, JJ., dissent and vote to affirm, with memorandum.


KLEINFELD, J.

This appears to be a case of first impression in New York. The narrow question it raises is whether the insured under an all-risk "Jewelers' Block Policy" (hereinafter called the block policy) is entitled to the protections afforded by the standard fire insurance policy of the State of New York (hereinafter called the standard fire policy), where his loss occurred through fire. The question arises...

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