Holt v. Fid. Phoenix F. Ins. N.Y

Full title: J. STEPHEN HOLT, Appellant, v. FIDELITY PHOENIX FIRE INSURANCE COMPANY OF…

Court: Court of Appeals of the State of New York

Date published: May 20, 1948

297 N.Y. 987 (N.Y. 1948)

80 N.E.2d 364

Opinion

Argued April 16, 1948

Decided May 20, 1948

Appeal from the Supreme Court, Appellate Division, Third Department, ELSWORTH, J.

Jack Goodman for appellant.

Nelson R. Pirnie for respondent.

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, THACHER and FULD, JJ. Dissenting: DESMOND and DYE, JJ., on the ground that plaintiff was entitled to summary judgment and an assessment of damages.