ROOF v. N. Y. FEDERATED UNDERWRITERS


25 Misc.2d 712 (1960)

Charles W. Roof et al., Plaintiffs, v. New York Federated Underwriters et al., Defendants.

Supreme Court, Yates County.

June 7, 1960.


Attorney(s) appearing for the Case

Cole & Walker (Robert E. Cole of counsel), for plaintiffs. Paul R. Taylor for defendants.


JOHN C. WHEELER, Off. Ref.

This action is upon a policy of fire insurance in which plaintiffs seek to recover damages resulting from the destruction by fire of two barns located on their farm in the Town of Starkey, Yates County.

The policy contained a condition which provided "this company shall not be liable for loss occurring: * * * (b.) While a described building, whether intended for occupancy by...

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