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SOUTH FED. ST. ASSOCIATES v. IRON FIREMAN MFG. CO.

23 Misc.2d 1070 (1960)

South Federal Street Associates et al., Plaintiffs, v. Iron Fireman Manufacturing Company et al., Defendants. Employers Liability Assurance Corporation, Ltd., Defendant and Third-Party Plaintiff, v. McDonnell & Miller, Inc., et al., Third-Party Defendants. South Federal Street Associates et al., Plaintiffs, v. McDonnell & Miller, Inc., Defendant.

Supreme Court, Special Term, New York County.

April 19, 1960.

Attorney(s) appearing for the Case

Samuel and Peter Gettinger and Samuel W. Sherman for plaintiffs. Lowenstein, Pitcher, Hotchkiss, Amann & Parr (Herbert P. Polk and Gerard L. Goettel of counsel), for Commonwealth Insurance Company of New York and others, defendants. Max J. Gwertzman for Employers Liability Assurance Corporation, Ltd., defendant. John E. Morris for Iron Fireman Manufacturing Company, defendant.

WILLIAM C. HECHT, JR., J.

Plaintiffs seek to recover on insurance policies issued by the three defendant companies who are the cross movants here, for loss to their property due to fire. The policies were issued to both plaintiff Bank as holder of legal title to the premises under a trust agreement and the other plaintiff as the lessee in possession.

Subsequent to the commencement of the action here...

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