HAPPY HANK AUCTION CO. v. AMER. EAGLE FIRE INS. CO.


286 A.D. 505 (1955)

Happy Hank Auction Co., Inc., Respondent, v. American Eagle Fire Insurance Company et al., Appellants

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

October 25, 1955.


Attorney(s) appearing for the Case

Herbert P. Polk of counsel (Frederic C. Pitcher and Robert S. Newman with him on the brief; Lowenstein, Pitcher, Amann & Parr, attorneys), for appellants.

Gilbert Goldstein of counsel (Lawrence Kovalsky with him on the brief; Goldstein & Goldstein, attorneys), for respondent.

BREITEL, J. P., BASTOW, RABIN and COX, JJ., concur.


BOTEIN, J.

Plaintiff is a corporation engaged in the retail furniture business. On December 7, 1953, a fire occurred on its premises which damaged plaintiff's property. Plaintiff was insured with defendant insurance companies in a substantial amount against loss by fire.

Following inability to adjust its claim plaintiff commenced an action upon the policies. In the first cause of action it seeks a direction...

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