Summary
In Travelers Ins. Co. v. Saunders Sons (13 N.Y.2d 1019, supra), the converse was true, the truck was obliged to remain at the place of unloading concrete until it was completely empty.
Summary of this case from Kozdranski Co. v. Jamestown Mut. Ins. Co.Opinion
Argued October 31, 1963
Decided November 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL J. McAVOY, J.
John F. Lawton for appellants.
Richard J. Shay for plaintiffs-respondents.
Judgment affirmed, with costs to plaintiffs-respondents; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge SCILEPPI dissents and votes to reverse upon the dissenting opinion at the Appellate Division (see, also, Lamberti v. Anaco Equip. Corp., 16 A.D.2d 121, 126, dissenting opinion of Justice EAGER).