MORTENSON v. CHOOK


19 Misc.2d 135 (1959)

Edwin Mortenson et al., Respondents, v. Noah Chook, Doing Business as East End Cleaners, East End Dry Cleaners, Ltd. et al., Defendants, and Fulton Fire Insurance Company of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

June 30, 1959.


Attorney(s) appearing for the Case

George I. Janow for appellant.

George H. Hamilton for Noah Chook, respondent.

Jules B. St. Germain for Edwin Mortenson, respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The plaintiffs' property was not covered, at the time of its loss by the insurance policy issued by the defendant Fulton Fire Insurance Company to the defendants Chook and East End Dry Cleaners, Ltd. (Atlantic Fruit Co. v. Hamilton Fire Ins. Co., 251 N.Y. 98; 13. A. L. R. 2d 718, § 4; see, also, Rubin v. East & West Ins. Co., 72 N.Y.S.2d 885.)

The judgment in favor of plaintiffs against defendant Fulton Fire Insurance...

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