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LOVELL'S ROOM v. ÆTNA CAS. & SUR. CO.

56 Misc.2d 170 (1968)

Lovell's Ebb Tide Room, Inc., Plaintiff, v. Ætna Casualty & Surety Company et al., Defendants. Ætna Casualty & Surety Company, Defendant and Third-Party Plaintiff, v. Max Heating, Doing Business as Max Equipment, et al., Third-Party Defendants.

Supreme Court, Erie County.

March 20, 1968

Attorney(s) appearing for the Case

Weber & Weston (Edward R. Purser of counsel), for plaintiff. Morton & Morton (David K. Bolm of counsel), for State Bank of Kenmore, defendant. Marvin S. Greenfield and Sydney Teibel for Max Heating, doing business as Max Equipment, third-party defendant. Aaron, Dautch, Sternberg & Lawson (Stanley J. Setlik of counsel), for Buffalo Cooked Shrimp Co., Inc., and others, third-party defendants.

MICHAEL CATALANO, J.

Plaintiff seeks judgment against defendants, Ætna Casualty and Surety Company (Ætna) and State Bank of Kenmore (now merged with Bank of Buffalo — herein called Buffalo) for $25,000, based upon a fire insurance loss occurring on December 11, 1965.

The court finds:

During November, 1965, one Allan King, the manager and prospective purchaser of plaintiff's restaurant...

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