MOLOT, INC. v. COMMONWEALTH INS. CO. OF NEW YORK


10 A.D.2d 683 (1960)

Molot, Inc., Appellant, v. Commonwealth Insurance Company of New York et al., Respondents

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

March 15, 1960


Judgment unanimously modified on the law to the extent of deleting the second, fourth and fifth decretal paragraphs and remanding the matter for a new trial only on the question of the amount of the damages to be awarded the plaintiff, with costs to the appellant.

There having been no appeal taken by either party from that portion of the judgment which set aside the appraisal and award made under the terms of the insurance policy, it must be permitted to stand. However...

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