Does the phrase "shall remain in or upon the conveyance" apply to a motor vehicle?

"The phrase, 'shall remain in or upon the conveyance' fixed the place where the person attending the automobile was required to be when the property insured was 'in or upon any automobile'. The same phrase is used both in reference to the property insured and the person attending the automobile. Both must be 'in or upon' the automobile. 'Opportunity makes the thief"' (Royce Furs v. Home Ins. Co., Supra, 30 A.D.2d p. 241, 291 N.Y.S.2d p. 531). (Emphasis supplied).

Accordingly, the judgment should be reversed and the complaint dismissed.