
    American Charm Corporation et al., Respondents, v. St. Paul Fire and Marine Insurance Company et al., Appellants.
    Supreme Court, Appellate Term, First Department,
    January 25, 1968.
    
      Tell, Cheser, Werner & Breitbart (Solomon M. Cheser and Benjamin L. Tell of counsel), for appellants. Miller & Seeger (Israel G. Seeger of counsel), for respondents.
   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., Gold and Hofstadter, JJ.

Order reversed, etc.  