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REIF v. INS. CO. OF NO. AMER.

33 Misc.2d 961 (1961)

Isidore Reif et al., Respondents, v. Insurance Company of North America, Appellant.

Supreme Court, Appellate Term, Second Department.

December 20, 1961

Attorney(s) appearing for the Case

George I. Janow for appellant. Malcolm Fein for respondents.

HART and BENJAMIN, JJ., concur; DI GIOVANNA, J., dissents and votes to dismiss the complaint.

Per Curiam.

Plaintiff husband, as finder of the ring in question, had an insurable interest therein as defined in section 148 of the Insurance Law. While the criminal statutes involved (Penal Law, § 1300; Administrative Code of City of New York, § 435-4.1) expose a finder to possible prosecution for violation thereof, they do not provide for any forfeiture of his commonlaw rights as a finder. Since such...

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