Levy v. Fed. Ins. Co.
| Decision Date | 11 July 1933 |
| Citation | 188 N.E. 88,262 N.Y. 613 |
| Parties | Joseph LEVY, Respondent, v. FEDERAL INSURANCE COMPANY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (237 App. Div. 819, 260 N. Y. S. 1013), entered December 22, 1932, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court on special findings of the jury. The action was on a policy of insurance covering loss or damage to goods and merchandise ‘arising from any external cause whatsoever’ excepting certain specified perils not material here. By an indorsement on the policy, it was made to cover plaintiff's goods, while temporarily detained on the premises of contractors, ‘against the risks of * * * strikes' and ‘the risk of loss and/or damage to the property hereby insured directly caused by * * * strikers.’ Plaintiff manufactured clothing by means of various contractors to whom he furnished materials. During the night of October 15 and 16, 1931, the premises of one of the contractors were broken into and plaintiff's goods damaged. The jury found that a strike was in progress and that the damage was done by strikers or their agents.
George S. Brengle, D. Roger Englar, and John M. Aherne, all of New York City, for appellant.
Benjamin Reass, David Drechsler, and Max Leff, all of New York City, for respondent.
Judgment affirmed, with costs.
HUBBS, J., not sitting.
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