Paul Tishman Co, Inc. v. Carney & Del Guidice, Inc.

• Decision Date: 11 July 1974
• Citation: 359 N.Y.S.2d 561,34 N.Y.2d 941,316 N.E.2d 875
• Parties: , 316 N.E.2d 875 PAUL TISHMAN COMPANY, INC., Respondent, v. CARNEY & DEL GUIDICE, INC., Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 561

359 N.Y.S.2d 561

34 N.Y.2d 941, 316 N.E.2d 875

PAUL TISHMAN COMPANY, INC., Respondent, v. CARNEY & DEL GUIDICE, INC., Appellant.

Court of Appeals of New York.

July 11, 1974.

Douglas A. Boeckmann, Mineola, for appellant.

Milton B. Pfeffer, New York City, for respondent.

MEMORANDUM.

In agreeing with the majority at the Appellate Division, we would merely add that defendant's insurable interest under the fire insurance policies here in question was limited to its property interest in the building under construction--i.e., the tools, labor and material furnished or owned by the defendant. Since no part of the damages alleged by the plaintiff in this litigation was for destruction of any property owned or furnished by the defendant, it cannot be said that the defendant was a coinsured under the terms of the policy with respect to the loss caused by the fire.

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER and SAMUEL RABIN, JJ., concur in memorandum.

STEVENS, J., taking no part.

Judgment affirmed, with costs.