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TRACHTENBERG v. HOME INDEM. CO.

204 Misc. 644 (1953)

Edward Trachtenberg, Plaintiff, v. Home Indemnity Company, Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

May 27, 1953.

Attorney(s) appearing for the Case

Abraham Abramowitz for plaintiff.

James B. McLaughlin and James E. Sager for defendant.

STARKE, J.

Plaintiff assured, the owner of an automobile, is suing defendant insurance company for damages for breach of contract of insurance.

A novel question of law is presented for which there appears to be no precedent in the United States. The sole case cited, a Mississippi case, is not at all applicable and sheds no light whatsoever on the instant case.

The facts are conceded. The plaintiff...

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