RODOLITZ REALTY CORP. v. COSMOPOLITAN MUT. INS. CO.


71 A.D.2d 975 (1979)

Rodolitz Realty Corp., Appellant, v. Cosmopolitan Mutual Insurance Company, Respondent

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

September 18, 1979


In its charge the court limited recovery to only those damaged forklifts whose serial numbers were listed in the bill of particulars. Although the bill of particulars' enumeration of the serial numbers of the damaged forklifts matched only one of the lifts damaged in the fire, defendant's own proof showed that all three damaged forklifts were covered by the policy. The motion to conform the pleadings to the proof, as regards the discrepancy in serial numbers, should have...

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