American Charm Corp. v. St. Paul Fire & Marine Insurance

Per Curiam.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P., Gold and Hofstadter, JJ.

Order reversed, etc.