PHOENIX ASSURANCE CO. v. STARK MOBILE HOMES, INC.


39 A.D.2d 514 (1972)

Phoenix Assurance Company et al., Respondents, v. Stark Mobile Homes, Inc., et al., Appellants

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

April 6, 1972


Order affirmed. Respondent shall recover of appellants $30 costs and disbursements of these appeals.

Plaintiffs as subrogee instituted this action to recover the loss as a result of fire to the mobile home of its insured. On April 27, 1971 when the case appeared for trial, plaintiffs telephoned its key witness, the expert who was to testify as to the facts involved. The expert, Mr. Fisk, advised counsel that he had not inspected the home and did not recall if any...

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