City of New York Municipal Court February 22, 1934 (Justry v. Northern Insurance)

Goldstein, J.

In this action on the defendant’s policy of burglary insurance, the defendant moves for summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice, as recently amended. The automobile in question was stolen from the plaintiff on June 5, 1933. It was found shortly thereafter in a completely demolished condition.