SUDEROV v. ÆTNA INS. CO.


16 A.D.2d 300 (1962)

Kitty Suderov et al., Appellants, v. Ætna Insurance Company, Respondent

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

May 10, 1962.


Attorney(s) appearing for the Case

Harry M. Neiman for appellants.

John L. Conners of counsel (John M. Aherne with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for respondent.

McNALLY and STEUER, JJ., concur with STEVENS, J.; RABIN, J. P., and EAGER, J., dissent in a memorandum.


STEVENS, J.

Plaintiffs appeal by permission of the Appellate Term from a determination of that court affirming, by a divided court, a judgment of the Municipal Court on a directed verdict for plaintiffs in the sum of $374.03 plus interest.

The question is whether a pendant constitutes "additionally acquired property" within the provisions of an insurance policy.

The section here involved follows:

"Additionally Acquired Property...

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