GRANT'S SONS v. PHOENIX ASSUR. CO.


25 A.D.2d 93 (1966)

Alexander Grant's Sons, Appellant, v. Phoenix Assurance Company of New York, Respondent

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

February 24, 1966.


Attorney(s) appearing for the Case

Byrne & Costello (John J. Costello of counsel), for appellant.

Rudolph V. Parr for respondent.

WILLIAMS, P. J., GOLDMAN, HENRY and MARSH, JJ., concur.


DEL VECCHIO, J.

This is an appeal by the plaintiff from a judgment dismissing the complaint at the close of plaintiff's case. The dismissal was predicated upon the ground that there was insufficient evidence before the jury to justify a verdict for plaintiff.

Defendant insurer had issued a blanket fidelity policy by which it agreed to indemnify plaintiff for losses which it might sustain as the result...

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