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POWDERLY v. ÆTNA CAS. & SUR. CO.

72 Misc.2d 251 (1972)

Anthony T. Powderly et al., Plaintiffs, v. Ætna Casualty & Surety Company et al., Defendants. Robert Arcieri et al., Defendants and Third-Party Plaintiffs, v. Nationwide Mutual Insurance Companies, Third-Party Defendant.

Supreme Court, Monroe County.

December 6, 1972

Attorney(s) appearing for the Case

James R. Harvey and Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (Bruce E. Hansen of counsel), for plaintiffs. Winchell, Connors & Corcoran (Charles A. Hall of counsel), for Ætna Casualty & Surety Company, defendant. Johnson, Reif & Mullan (John A. Titus of counsel), for Robert Arcieri and another, defendants. Griswold, Streppa, Osgood, Cleary & Persons (E. Garrett Cleary of counsel), for Community Savings Bank of Rochester, defendant. Sullivan, Gough, Skipworth, Summers & Smith (William V. Gough of counsel), for third-party defendant.

MARSHALL E. LIVINGSTON, J.

This is an action to recover $20,500, the stipulated amount of a fire loss which occurred at 198 Culver Road, Rochester, New York, either from the Ætna Casualty & Surety Company (Ætna), if title to the property did not pass, or in the alternative, from the defendants Arcieri, if it is found that title did pass.

The Arcieris have brought a third-party action against...

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