WOODS PATCHOGUE CORP. v. FRANKLIN INS. CO.


5 N.Y.2d 479 (1959)

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

Court of Appeals of the State of New York.

Decided April 9, 1959.


Attorney(s) appearing for the Case

Norman S. Rein, Paul D. Compton and Ernest E. Rosenberg for appellant.

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

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.


BURKE, J.

Plaintiff, a retail jeweler, sustained a loss of $22,045.69 — the result of a fire in its premises. Defendant insurance company resisted payment of the claim made under a jewelers' block policy issued to plaintiff.

In this action to recover the loss, defendant's answer set forth five affirmative defenses based upon breaches of warranties contained in the proposal, or application for the...

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