Appellate Division of the Supreme Court of the State of New York May 10, 1944 (Neapolitan v. Ætna Insurance)

Plaintiff has appealed from an order of the Trial Term of Supreme Court granting defendant’s motion for summary judgment. The complaint alleges that on September 5, 1942, defendant issued to plaintiff a policy of insurance by which it agreed to pay plaintiff for any damage to the automobile owned by him as a result of any collision, less the sum of $50.