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CONT'L INS. v. COMMERCIAL UNION INS.

27 A.D.2d 333 (1967)

Continental Insurance Company, Plaintiff, v. Commercial Union Insurance Company et al., Defendants

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

April 20, 1967.

Attorney(s) appearing for the Case

Robert S. Newman of counsel (Herbert P. Polk and John M. Hadlock with him on the brief; Lowenstein, Pitcher, Hotchkiss & Parr, attorneys), for plaintiff.

Max J. Gwertzman for defendants.

BOTEIN, P. J., STEVENS, EAGER, TILZER and RABIN, JJ., concur.

Per Curiam.

This is a submission of a controversy pursuant to CPLR 3222.

Edison Gifts Imports, Inc. (Edison) was a tenant occupying premises at 1487 Broadway, New York City. A fire occurred at said premises on October 23, 1963 causing damage to personal property belonging to Edison in the agreed amount of $25,000.

On February 5, 1963 Edison had procured a policy in the amount of $100,000 from the plaintiff...

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