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BECKLEY v. OTSEGO COUNTY FIRE INS. CO.

3 A.D.2d 190 (1957)

Stewart T. Beckley, Appellant, v. Otsego County Farmers Cooperative Fire Insurance Company, Respondent Stewart T. Beckley, Appellant, v. Glens Falls Insurance Company, Respondent Stewart T. Beckley, Appellant, v. Norwich Union Fire Insurance Society, Ltd., Respondent Stewart T. Beckley, Appellant, v. Scottish Union & National Insurance Company of Edinburgh, Respondent

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

January 31, 1957.

Attorney(s) appearing for the Case

Joseph P. Leary and Francis H. Anderson for appellant.

Livingston S. Latham for Otsego County Farmers Cooperative Fire Insurance Company, respondent.

F. Walter Bliss for Glens Falls Insurance Company and others, respondents.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.

HALPERN, J.

The plaintiff's actions against the defendant fire insurance companies have been summarily dismissed on motion, not upon a showing that the plaintiff was not entitled to payment under the policies in the situation which existed at the time of the occurrence of the loss, but upon the ground that he had subsequently breached a condition of the policies by refusing to submit to an examination concerning...

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