Citation Numbers: 35 N.Y.S. 1105, 96 N.Y. Sup. Ct. 611, 70 N.Y. St. Rep. 882
Filed Date: 10/18/1895
Status: Precedential
Modified Date: 10/19/2024
The facts are undisputed, and from them it appears that the dwelling house which the defendant insured was vacant and unoccupied for a period of more than 10 days prior to its burning. A clause in the policy of insurance upon which this action is founded provides that in such event the policy shall be void. " The complaint was therefore properly dismissed. The judgment and order should be affirmed, with costs.