District Court, S.D. New York October 24, 1972, 70 Civ. 2876 (City Stores Company v. SUN INSURANCE COMPANY OF NEW YORK)

WYATT, District Judge.

This is a motion by plaintiff (City) for summary judgment in its favor. Fed.R.Civ.P. 56. After this motion was made, defendant (Sun) also moved for summary judgment in its favor.

The action is on an insurance policy entitled “Open Cargo Policy — Marine Only” issued by Sun to City.