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KELLER v. FID. & CAS. CO. OF NEW YORK

9 A.D.2d 938 (1959)

Leonard Keller et al., Individually and as Copartners of Amsterdam Slat Co., Respondents, v. Fidelity & Casualty Company of New York, Appellant

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

December 29, 1959

Order affirmed, with costs.

No opinion.

Ughetta, J., dissents and votes to reverse the order of the Appellate Term and the judgment of the City Court, and to dismiss the complaint, with the following memorandum.

To recover under the policy respondents were required to "keep records of all the insured property in such manner that the company can accurately determine therefrom the amount of loss". Throughout the record respondents admitted...

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