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M. FABRIKANT & SONS, INC. v. OVERTON & CO. CUSTOMS BROKERS, INC.

209 A.D.2d 206 (1994)

618 N.Y.S.2d 294

M. Fabrikant & Sons, Inc., et al., Plaintiffs, v. Overton & Co. Customs Brokers, Inc., et al., Defendants Stewart Armored, Ltd., Third-Party Plaintiff-Appellant, v. Edward G. Carter, Third-Party Defendant-Respondent

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

November 3, 1994

Underwriters' submission of sworn testimony by Stewart's principal and employee established that Stewart's armored van was left unoccupied and unlocked during the course of its round of deliveries, thus breaching a warranty in its insurance policy that its vehicle would always be occupied by an armed guard locked inside whenever any insured property was left inside the vehicle during delivery operations. Stewart's submission of...

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