Maxwell v. Royal Insurance , 225 A.D. 725 ( 1928 )

Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, upon the ground that the burden of proving that the building in question was vacant or unoccupied rested upon respondent (Perretta v. St. Paul Fire & Marine Ins. Co., 106 Misc. 91; affd., 188 App. Div. 983), and upon the record that question was fairly one of fact for the jury. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.