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ALTUSKY v. JABAR REALTY CORP.

26 Misc.2d 1080 (1960)

Juda Altusky, Plaintiff, v. Jabar Realty Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

January 13, 1960

Attorney(s) appearing for the Case

Edward Potter for plaintiff.

Harry W. Pitt for Jabar Realty Corp., defendant.

Hyman Kahane for Primary Realty Corporation, defendant.

James A. Murphy for St. Paul Fire & Marine Insurance Company, defendant.

Glasser, Baily & Litwack for Faster Check Cashing Service, Inc.

VINCENT A. LUPIANO, J.

The action has been commenced by the plaintiff Altusky, holder of a second mortgage, against the owner of the insured property, a one-time owner of the first mortgage, the assignee of the first mortgage, the contractor engaged to restore the damage occasioned by fire, and the insurance carrier. The first and second mortgages contained the usual fire insurance clause. The insurance contract did

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