STATE BANK OF ALBANY v. AM. FID. FIRE INS. CO.


28 A.D.2d 942 (1967)

State Bank of Albany, Respondent, v. American Fidelity Fire Insurance Company, Appellant

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

July 6, 1967


REYNOLDS, J.

In our opinion there are present here factual issues as to whether the notice of loss given constituted notice to the appellant and whether the loss payable indorsement under which this claim is brought was authorized by appellant which require a plenary trial and accordingly summary judgment should not have been granted. At such trial even though the loss took place only three months after the purchase it will be incumbent on respondent...

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