ZACK METAL CO. v. FED. INS. CO.


17 A.D.2d 141 (1962)

M. W. Zack Metal Company, Appellant, v. Federal Insurance Company, Respondent

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

October 23, 1962.


Attorney(s) appearing for the Case

Anthony B. Cataldo for appellant.

Joseph J. Magrath, III, of counsel (Bigham, Englar, Jones & Houston, attorneys), for respondent.

BOTEIN, P. J., RABIN and STEVENS, JJ., concur in Per Curiam opinion; BREITEL and McNALLY, JJ., dissent in opinion.


Per Curiam.

This is an appeal from an order entered June 2, 1961 which denied plaintiff's motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

This is an action upon an insurance policy to recover for alleged damage to a shipment of steel.

On or about January 19, 1960, defendant issued a certificate of insurance pursuant to the terms of an open policy previously issued, which...

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