
    Philip Fleisher, Respondent, v. The Phœnix Insurance Company, Appellant.
    
      Insurance {theft) — action to recover on policy insuring plaintiff against theft of automobile — defense that plaintiff or his agent authorized delivery of automobile to thief.
    
    
      Fleisher v. Phwnix Ins. Co., 215 App. Div. 779, affirmed.
    (Argued April 7, 1926;
    decided May 4, 1926.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover upon a policy of insurance for loss by theft of plaintiff’s automobile. The defense was that plaintiff or his agent authorized the thief to remove the automobile from the garage and that plaintiff failed to file proof of loss within sixty days. Stanley Garten for appellant.
    
      Quinto J. Porcella for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Not voting: Andrews, J.  