FRISCIA v. SAFEGUARD INS. CO.


57 Misc.2d 759 (1968)

Jennie Friscia, Plaintiff, v. Safeguard Insurance Company, Defendant.

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

August 16, 1968


Attorney(s) appearing for the Case

Mele & Cullen for defendant. Stanley H. Cembalest for plaintiff.


MARTIN B. STECHER, J.

This is an action on an insurance policy brought by an assured against the issuer following the theft from the plaintiff of the Cadillac car designated in the policy. After trial, the jury, by a special verdict (CPLR 4111, subd. [b]), found (and to the extent that the jury made no findings, I find) that the plaintiff, for a valuable consideration, purchased the automobile in question through the agency of an automobile mechanic;...

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