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GOLDNER v. OTSEGO MUT. FIRE INS. CO.

39 A.D.2d 440 (1972)

Nathan Goldner et al., Doing Business as Singer's Restaurant, Appellants, v. Otsego Mutual Fire Insurance Company et al., Respondents

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

October 19, 1972.

Attorney(s) appearing for the Case

Gerald Orseck for appellants.

Bouck & Holloway (Francis J. Holloway of counsel), for respondents.

SWEENEY, SIMONS, KANE and REYNOLDS, JJ., concur.

GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at a Trial Term, entered March 6, 1972 in Sullivan County, which granted a motion by defendants for summary judgment dismissing the complaint, and from the judgment entered thereon.

In this action to recover for losses sustained by appellants under insurance contracts, the following facts were stipulated and assumed to be true for the...

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