MORTGAGEE AFFILIATES v. COMMERCIAL INS.


27 A.D.2d 119 (1967)

Mortgagee Affiliates Corp., Respondent, v. Commercial Union Insurance Company of New York et al., Appellants, et al., Defendant

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

January 16, 1967.


Attorney(s) appearing for the Case

Herman B. Zipser (Bernard Meyerson of counsel), for appellants.

David Kashman for respondent.

BRENNAN, RABIN, HOPKINS and BENJAMIN, JJ., concur.


CHRIST, Acting P. J.

We are presented with one narrow issue for determination in this appeal. Shall the complaint of the plaintiff mortgagee, suing on fire insurance policies covering the mortgaged real property, be dismissed for the mortgagee's refusal to comply with the standard fire insurance provision, contained in each of these policies, requiring an insured to "submit to examinations under oath * * * and...

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