EL-MEL REALTY v. EMPIRE MUT. INS.


24 A.D.2d 141 (1965)

El-Mel Realty Corp., Plaintiff, and Melvin Picture Frame Co., Inc., Respondent, v. Empire Mutual Insurance Company, Appellant

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

November 23, 1965.


Attorney(s) appearing for the Case

Philip Hoffer of counsel (Rose L. Hoffer and Peter T. Affatato with him on the brief; Raymond J. MacDonnell, attorney), for appellant.

Gilbert Goldstein of counsel (Lawrence Kovalsky with him on the brief; Goldstein & Goldstein, attorneys), for respondent.

RABIN, J. P., STEUER and STALEY, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion, in which VALENTE, J., concurs.


Per Curiam.

Plaintiff has recovered a judgment against an insurance carrier pursuant to paragraph (b) of subdivision 1 of section 167 of the Insurance Law following a default judgment against the insured. The question in the case is whether the policy of insurance issued by defendant covered the loss which plaintiff sustained.

The insured was a tenant in a loft. There was a leakage of water from the insured...

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