FRALEIB NOVELTY CO. v. ÆTNA CAS. CO.


44 Misc.2d 137 (1964)

Fraleib Novelty Company, Plaintiff, v. Ætna Casualty and Surety Company, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

September 28, 1964


Attorney(s) appearing for the Case

Yellin, Kenner & Levy (Jay J. Gaines of counsel), for plaintiff. Allen M. Taylor and Thomas A. Palmer for defendant.


EDWARD J. GREENFIELD, J.

On February 26, 1963, while plaintiff was operating a sidewalk elevator at store and basement premises occupied by it the elevator gave way and fell to the basement. The landlord made claim against plaintiff for the damage to the elevator, and plaintiff in turn made claim against defendant, its liability insurer. Defendant disclaimed on the ground that coverage was excluded for property...

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