FROST HOUSE, INC. v. PREFERRED MUT. INS. CO.


15 A.D.2d 741 (1962)

Frost House, Inc., Respondent, v. Preferred Mutual Insurance Company, Appellant, et al., Defendant

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

February 6, 1962


Orders entered on September 1, 1961, granting summary judgment to the plaintiff, and the judgment entered thereon, unanimously reversed, on the law, with costs to defendant-appellant, and plaintiff's motion for summary judgment denied.

Whether the hazard was increased by means within the control of the insured is an issue of fact. (Montello v. Manhattan Fire & Marine Ins. Co., 250 App. Div. 610.) The extension of coverage to the property when vacant or...

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