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DUNN v. COMMERCIAL UNION INS. CO.

27 A.D.2d 240 (1967)

David Dunn et al., Doing Business as Mercury Industries, et al., Plaintiffs, v. Commercial Union Insurance Co. of New York et al., Respondents, and Traynor-Marcus Agency, Inc., Appellant

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

March 15, 1967.

Attorney(s) appearing for the Case

Jerry, Lewis & Harvey (Norman L. Harvey of counsel), for appellant.

Bouck & Holloway (Warner M. Bouck of counsel), for respondents.

Robinson & Holcombe for plaintiffs.

HERLIHY, J. P., AULISI, STALEY, JR., and GABRIELLI, JJ., concur in opinion by STALEY, JR., J.

STALEY, JR., J.

Defendant-appellant appeals from an order of the Supreme Court, Special Term, Saratoga County, which denied its motion to dismiss the cross complaint of the defendant-respondent insurance companies.

On April 24, 1963, the defendants-respondents (hereinafter referred to as the companies) each issued a policy of fire insurance in the sum of $76,666.67 insuring the plaintiffs against loss...

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