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GRADY v. UTICA MUT. INS. CO.

69 A.D.2d 668 (1979)

James H. Grady, as Trustee, Appellant, v. Utica Mutual Insurance Company, Also Known as Utica Fire Insurance Company of Oneida County, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1979

Attorney(s) appearing for the Case

Munley, Meade, Burns & Nielsen, P. C. (James G. Meade and William J. Nielsen of counsel), for appellant.

Gwertzman & Pfeffer (Ellen Lefkowitz of counsel), for respondent.

SUOZZI, LAZER and RABIN, JJ., concur.

DAMIANI, J. P.

In this case, the assignee of a mortgage obtained a judgment of foreclosure upon the default of the mortgagors, but before a foreclosure sale could be held the property was destroyed by fire. The assignee was the named beneficiary of a policy of fire insurance covering the premises and he therefore made a claim to the insurer for payment in the amount of the judgment of foreclosure. The insurer...

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