LACKOW v. INSURANCE COMPANY OF NORTH AMERICA

In an action on an insurance policy, defendant appeals from an order of the Supreme Court, Kings County, dated September 18, 1975, which, inter alia, (1) denied its motion for summary judgment and (2) granted plaintiff's cross motion for summary judgment. Order affirmed, with $50 costs and disbursements. The assured's employee's position at the time of the robbery, at the rear of the vehicle opening its trunk, was in compliance with the "Jeweler's Block Policy" provision that he be "actually in or upon such vehicle" at the time of the loss (cf. Kinscherf Co., v St. Paul Fire Mar. Ins. Co., 234 App. Div. 385; Royce Furs v Home Ins. Co., 30 A.D.2d 238). Hopkins, Acting P.J., Margett, Damiani, Rabin and Hawkins, JJ., concur.