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BALL v. UTICA MUT. INS. CO.

60 Misc.2d 459 (1969)

Howard L. Ball, Plaintiff, v. Utica Mutual Insurance Company of Utica et al., Defendants.

Supreme Court, Special Term, Steuben County.

May 5, 1969

Attorney(s) appearing for the Case

Taylor & Taylor for Utica Mutual Insurance Company of Utica, defendant. Hinman, Howard & Kattell for Home Mutual Insurance Co., defendant. Cole & Walker for plaintiff.

WILLIAM G. EASTON, J.

This is a motion by the defendants, Utica Mutual Insurance Company and Home Mutual Insurance Company for summary judgment and dismissal of the plaintiff's complaint. The complaint is based on the existence of alleged binders of fire insurance and asks damages for destruction of plaintiff's property by fire. The specific and critical allegations of the complaint are as follows:

"8. That at the time of said fire loss the building...

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