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SINCOFF v. LIBERTY MUT. INS.

14 A.D.2d 344 (1961)

Jacob Sincoff et al., Respondents, v. Liberty Mutual Fire Insurance Company, Appellant

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

November 14, 1961.

Attorney(s) appearing for the Case

John Nielsen of counsel (Perrell, Nielsen & Stephens, attorneys), for appellant.

Emanuel Baetich of counsel (Murray L. Lewis with him on the brief; Louis A. Tepper, attorney), for respondents.

BOTEIN, P. J., BREITEL, RABIN and STEUER, JJ., concur in Per Curiam opinion; VALENTE, J., dissents and votes to affirm, in opinion.

Per Curiam.

Defendant insurance company appeals from a judgment rendered against it after trial without jury. A personal property floater policy of insurance issued by defendant to plaintiffs contains the following exclusory clause:

"This policy does not insure * * * "(g) Against wear and tear; against loss or damage caused by dampness of atmosphere or extremes of temperature unless such loss or damage is directly caused by rain, snow, sleet...

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