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POSNER v. NEW YORK MUT. UNDERWRITERS

16 A.D.2d 1013 (1962)

Edith Posner, Respondent, et al., Plaintiff, v. New York Mutual Underwriters, Appellant, et al., Defendants Sam Rosen, Respondent, v. New York Mutual Underwriters, Appellant, et al., Defendants

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

June 21, 1962

On October 19, 1960 respondent Posner purchased a New York standard fire insurance policy covering for a five-year period a hotel in the Village of Livingston Manor. On November 16, 1960, while the policy was still in force and effect, the property was destroyed by fire. The sole issue involved is whether there is presented a triable issue of fact as to whether the appellant herein is liable on this policy. It seems evident that appellant is neither a corporation nor licensed...

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