KRAUSE v. AM. GUARANTEE & LIAB. INS. CO.


26 A.D.2d 802 (1966)

Sydney Krause, as Trustee for The Benefit of the Class a Creditors of D. R. Comenzo & Co., Inc., Appellant, v. American Guarantee and Liability Insurance Company, Respondent

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

October 11, 1966


Order, entered June 28, 1966, insofar as appealed from, unanimously affirmed, with $50 costs and disbursements to abide the event.

The defenses are entitled to stand pending the coming in of proof on the issues. It may not now be determined that plaintiff has no claim for the loss of property, e.g., of oil stored under warehouse receipts, but thereafter removed illegally, which might come under some provision of the policy or one or more of its riders and which also...

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