GLUCK v. LONDON LANCASHIRE IND. CO. OF AMERICA, 2 N.Y.2d 953 (1957)

162 N.Y.S.2d 357, 142 N.E.2d 423

HELEN GLUCK, as Administratrix of the Estate of CARL GLUCK, Deceased, Respondent, v. LONDON LANCASHIRE INDEMNITY COMPANY OF AMERICA, Appellant.

Court of Appeals of the State of New York.Argued February 27, 1957
Decided April 4, 1957

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, A. DAVID BENJAMIN, J.

Page 954

Joseph Kane and Edward Pacelli for appellant.

Nathaniel Rothstein for respondent.

Order affirmed and judgment absolute ordered against defendant on the stipulation, with costs in all courts. No opinion.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents and votes to reverse and to dismiss the complaint upon the ground that recovery is precluded by failure to give written notice of loss as required by the terms of the insurance policy.