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153 W. 33D ST. CORP. v. RELIABLE INS.

55 Misc.2d 983 (1968)

153 West 33rd Street Corp. et al., Plaintiffs, v. Reliable Insurance Company et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

January 16, 1968

Attorney(s) appearing for the Case

Kellman & Weill for plaintiffs. Heiko & Bush for Reliable Insurance Company, defendant. Robert J. Mettalia for Multi-Peril Markets, Inc., defendant. Henry H. Abrams for Leiste Associates, Inc., defendant.

CHARLES GOLD, J.

Plaintiffs move for summary judgment against all defendants in this action to recover the unearned premiums on two insurance policies after cancellation thereof by the insurer.

The undisputed facts are that defendant Reliable Insurance Company issued two insurance policies to the plaintiffs; that the premiums for these policies were paid for in full by the plaintiffs; that Reliable received these premiums less the commissions...

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