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FIRST FED. SAV. ASSN. v. NICHOLS

33 A.D.2d 259 (1970)

First Federal Savings and Loan Association of Niagara County, Respondent, v. Robert L. Nichols et al., Respondents, and Mutual Insurance Company of Hartford, Appellant

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

January 15, 1970.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Hugh McMillan Russ, Jr., of counsel), for appellant.

Gellman & Gellman (Philip S. Gellman and Bryant S. Kurtzman of counsel), for First Federal Savings and Loan Association of Niagara County, respondent.

Phelps, Gray, Mansour & Hewitt (Salem G. Mansour and Benjamin N. Hewitt of counsel), for Robert L. Nichols and others, respondents.

GOLDMAN, P. J., MARSH, GABRIELLI and BASTOW, JJ., concur.

WITMER, J.

In this action by a mortgagee against two insurance companies and the title owners and tenant or contract-vendee of a dwelling to secure payment of the amount of fire loss to the property, defendant Mutual Insurance Company of Hartford (hereinafter referred to as Mutual) moved for summary judgment against its codefendant, Hartford Fire Insurance Company (hereinafter referred to as Hartford), declaring...

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