GROSSMAN v. PHOENIX OF HARTFORD INS.


67 Misc.2d 448 (1971)

Jerry Grossman et al., Respondents, v. Phoenix of Hartford Insurance Company, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

July 2, 1971


Attorney(s) appearing for the Case

Greenhill & Speyer (John M. Speyer and Michael L. Ingram of counsel), for appellant. Vincent P. Padula for respondents.

Concur — GOLD, J. P., QUINN and LUPIANO, JJ.


Per Curiam.

Plaintiffs sued for damages for breach of a contract of insurance as written. In the course of plaintiffs' testimony on the trial it was conceded that the claimed loss was clearly excluded from the coverage of the policy as written. Thereupon, the trial court of its own motion undertook informally, without specification, to conform plaintiffs' formal pleadings to the vague and sketchy proof...

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