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WASHINGTON ASSUR. CO. v. DUNCAN

207 Misc. 1042 (1955)

Washington Assurance Co., Plaintiff, v. Rupert Duncan et al., Defendants.

Supreme Court, Special Term, New York County.

On reargument, April 11, 1955.

Attorney(s) appearing for the Case

White & Walsh for Charles Grant, defendant.

Max J. Gwertzman for plaintiff.

Leon Ellner and Morris Krauthamer for Rupert Duncan and another, defendants.

MATTHEW M. LEVY, J.

The complaint alleges in substance: The plaintiff issued a fire insurance policy to the defendants Duncan, insuring the interest of the Duncans to the extent of $12,000 on certain real property located in New York City. Thereafter the Duncans sold the property to the defendant Grant and became mortgagees thereon by way of a purchase-money mortgage...

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