FERRAIOLO v. COMMONWEALTH INS. CO. OF N.Y.


42 Misc.2d 228 (1964)

John Ferraiolo et al., Appellants, v. Commonwealth Insurance Company of New York, Respondent.

Supreme Court, Appellate Term, Second Department.

February 18, 1964


Attorney(s) appearing for the Case

Allen M. Myers for appellants. Max J. Gwertzman and Jacob Nagelberg for respondent.

Concur — HART, PETTE and GROAT, JJ.


Per Curiam.

The fire insurance policy here involved described the insured as the "Estate of Giovanni Ferraiolo". It is undisputed that the individual plaintiffs who were the children and heirs at law of said Giovanni Ferraiolo, who had died intestate, were the owners of the real property at the time of the issuance of the said policy. Upon the subsequent sale of the property, and while the policy was still in effect, plaintiffs took back a purchase-money mortgage...

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