TaiLexi AI U.S. Case Law

Hallas v. North River Insurance

James Hallas, Appellant-Respondent v. North River Insurance Company of New York, Respondent-Appellant James Hallas, Appellant-Respondent v. Cosmopolitan Mutual Fire Insurance Company of New York

Hallas v. North River Ins., 279 A.D. 15 (1951)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
October 16, 1951
Judges
Callahan
Citations
279 A.D. 15107 N.Y.S.2d 359

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The evidence compels the conclusion that the loss sued on had its origin in an explosion and that any fire covered by the policies in suit was a fire which followed the explosion. Plaintiff, therefore, had the burden under the policies of showing the extent of any covered loss occasioned by fire as distinguished from any excluded loss caused by the explosion (Nasello v. Home Ins. Co., 277 N. Y. 632 ). Plaintiff failed to do this and quite clearly would not be able to do it on another trial. For failure and inability to sustain his burden of proof, the complaint should be dismissed.

We think a further ground requiring dismissal of the complaint was plaintiff’s willful refusal to answer relevant questions on his examination by defendants. That refusal was a breach of one of the substantial conditions of the policies.

The order, so far as appealed from by defendants, should be reversed and their motions to dismiss the complaint granted, with costs.

Dissent — Callahan

Text extracted by OCR from a scanned original; check the original for exact wording.

Callahan, J.

(dissenting). I dissent and vote to affirm on the ground that there is a question for the jury with regard to the extent and proximate cause of the damage. Nor in my opinion can it be said as a matter of law on this record that plaintiff was guilty of willful refusal to answer relevant questions on his examination by defendants. It is, therefore, improper to dismiss the present complaint. However, the trial court was justified in its discretion in setting aside the verdict of the jury on the ground that it was contrary to the weight of the evidence.

Peck, P. J., Glennon, Dore and Cohn, JJ., concur in Per Curiam opinion; Callahan, J., dissents in opinion.

Order, so far as appealed from by the defendants, reversed and their motions to dismiss the complaint granted, with costs. Settle order on notice.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1955: 11956: 11962: 11967: 11968: 21972: 11975: 11979: 11980: 21981: 21983: 21985: 119552026peak 1968 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Nasello v. Home Ins. Co. of N.Y., 14 N.E.2d 196 (N.Y. 1938) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list