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FRAZIER v. FID. & CAS. CO. OF NEW YORK

27 A.D.2d 922 (1967)

Mable Frazier, Respondent, v. Fidelity & Casualty Company of New York, Appellant

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

April 20, 1967

Judgment entered in favor of plaintiff in the amount of $4,545 unanimously reversed, on the law, the facts and in the exercise of discretion, and a new trial ordered, with leave to defendant to serve an amended answer alleging the defense of late notice, with $50 costs and disbursements to defendant-appellant.

The rule requiring a defendant to deny the performance of any condition precedent specifically and with particularity...

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