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BRUNSWICK CORP. v. ÆTNA CAS. & SUR. CO.

27 A.D.2d 182 (1967)

Brunswick Corporation, Appellant, v. Ætna Casualty and Surety Co. et al., Respondents

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

February 23, 1967.

Attorney(s) appearing for the Case

Phillips, Lytle, Yorkey, Letchworth, Hitchcock & Blaine (David K. Floyd of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Hugh McM. Russ of counsel), for respondents.

BASTOW, J. P., GOLDMAN, HENRY, DEL VECCHIO and MARSH, JJ., concur.

Per Curiam.

Plaintiff appeals from an order of Erie Special Term which denied its motion to take depositions of insurance adjustors, a special arson agent, and insurance brokers in its action to recover, under a loss payable clause, the fire loss of its conditionally sold property wherein defendants had interposed defenses of concealment, fraud, and arson by the insured to defeat plaintiff's action. The adjustors...

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