Opinion

Lorenz v. Indemnity Insurance Co. of North America

1949 N.Y. Misc. LEXIS 3034 · Appellate Terms of the Supreme Court of New York · Nov 17, 1949

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Louis Lorenz, Copartners Doing Business under the Name of Lorenz Printers Machinist Co. v. Indemnity Insurance Company of North America

Per Curiam. It plainly appears that at the time of the “ robbery ” plaintiffs’ messenger or agent was not actually cognizant of the commission of the alleged felonious act as testified; indeed he was not aware of such act. The loss was not by reason of the “ robbery ” as defined in the policy. The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs. Pecoba, Edeb and Hecht, JJ., concur. Judgment reversed, etc.