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KAEHLER v. PHOENIX INS. CO.

38 A.D.2d 683 (1971)

Hans Kaehler, Respondent, v. Phoenix Insurance Company, Appellant

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

December 9, 1971

Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Defendant insured plaintiff's business personal property and business income for damage by fire. On May 29, 1965, a fire occurred and plaintiff claimed to have sustained damage payable under the policy. Section 168 of the Insurance Law and the policy provided that defendant was entitled to an examination of plaintiff under...

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