UTICA HILLCREST MANOR CORP. v. PHOENIX INS. CO.


165 F.Supp. 189 (1958)

UTICA HILLCREST MANOR CORP., Plaintiff, v. PHOENIX INSURANCE COMPANY, Comptroller of the State of New York, as Trustee of the New York State Employees Retirement System, as First Mortgagee, and Federal Housing Administration, 365 Washington Avenue, Albany, New York, its Successors or Assigns as Interest May Appear, Defendants.

United States District Court S. D. New York.

September 15, 1958.


Attorney(s) appearing for the Case

Samuel Schacter, New York City, for plaintiff.

Abrams & Bleich, New York City, for defendant Phoenix Ins. Co., Henry H. Abrams, Benjamin M. Haber, New York City, of counsel.


DAWSON, District Judge.

This is a motion for an order that the action be remanded to the Supreme Court of the State of New York. The action was started in the Supreme Court, New York County, and seeks judgment by the plaintiff against defendant Phoenix Insurance Company for the sum of $60,000 for insurance damage on certain property located in Albany, New York. The complaint alleges that the defendant, Phoenix Insurance Company, insured this property against direct...

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