FLEETWOOD MOTORS v. JAMES & SONS


38 Misc.2d 499 (1963)

Fleetwood Motors, Inc., Plaintiff, v. John F. James & Sons, Inc., et al., Defendants.

Supreme Court, Trial Term, Queens County.

January 14, 1963


Attorney(s) appearing for the Case

Harry W. Pitt for plaintiff. Mendes & Mount (J. J. Killea and Walter X. Stanton, Jr., of counsel), for defendants.


HAROLD TESSLER, J.

Plaintiff, a used car dealer, sues defendants, insurance brokers, to recover the value of two Cadillac cars which were stolen from plaintiff's car lot. Plaintiff alleges that the defendants were carelessly negligent in failing to have plaintiff's cars covered by theft insurance. The case was tried before the court without a jury.

It is conceded that plaintiff ordered theft insurance and that defendants agreed to endeavor to...

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