El-Mel Realty Corp. v. Empire Mutual Insurance Co.

Full title: EL-MEL REALTY CORP., Plaintiff, and MELVIN PICTURE FRAME CO., INC.…

Court: Court of Appeals of the State of New York

Date published: Jun 9, 1966

218 N.E.2d 704 (N.Y. 1966)

218 N.E.2d 704

271 N.Y.S.2d 998

Opinion

Argued May 31, 1966

Decided June 9, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GUY G. RIBAUDO, J.

Gilbert Goldstein and Lawrence Kovalsky for appellant.

Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judges FULD and KEATING dissent and vote to reverse and to reinstate the order of the Appellate Term on the ground that there was an ambiguity in the policy which should be resolved in favor of appellant.