Appellate Terms of the Supreme Court of New York January 25, 1968 (American Charm Corp. v. St. Paul Fire & Marine Insurance)

Per Curiam.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P.