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Brodman v. Merchants Fire Assurance Corp.

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1960-09-29
Citations: 28 Misc. 2d 549
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Per Curiam.

The provision of the policy ‘ ‘ limits of liability $1400 Actual Cash Value Unless Otherwise Stated ” only fixes the limit of defendant’s liability, and does not constitute the measure of damages in the event of loss. There being no proof of value, plaintiff failed to establish the amount of her loss.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Judgment reversed, etc.