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MATTER OF DELMAR BOX CO. (ÆTNA INS. CO.)

309 N.Y. 60 (1955)

In the Matter of Delmar Box Co., Inc., Appellant. Ætna Insurance Company et al., Respondents; National Commercial Bank and Trust Company, Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Roland Ford for appellant.

F. Walter Bliss, Warner M. Bouck and Francis J. Holloway for respondents.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

FULD, J.

Whether the insured under a standard New York fire insurance policy may compel the insurer to comply with the provision for appraisal contained in such a policy, is the question for decision.

Delmar Box Company, doing business in a frame building situated on land leased from the New York Central Railroad in New Scotland, New York, carried insurance in the aggregate amount of about $23,000, issued...

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