RYAN, District Judge.
Plaintiff moves after answer for summary judgment.
Plaintiff, a resident corporation, in this suit seeks recovery as assignee of an insured mortgagee for a collision loss to a 1949 Mack motor truck owned by the mortgagor, Borough Haulage Co., Inc., payable under policy of insurance issued by defendant, an Ohio corporation.
Jurisdiction is predicated on diversity and New York law is applicable.
The following appears undisputed...
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