238 E. 34th ST. CORP. v. CON. INS.


75 Misc.2d 493 (1972)

238 East 34th Street Corp. et al., Plaintiffs, v. Continental Insurance Company, Defendant and Third-Party Plaintiff. Manufacturers Hanover Trust Company, Third-Party Defendant.

Civil Court of the City of New York, New York County.

December 20, 1972


Attorney(s) appearing for the Case

Morris J. Mayer for plaintiffs. Grubbs, Siracuse & Sutera for defendant.


BURTON S. SHERMAN, J.

Motions nos. 99 and 100 of December 11, 1972, are consolidated for the purpose of this disposition.

In this action for breach of contract, the plaintiffs move for summary judgment, pursuant to CPLR 3212, and the defendant third-party plaintiff moves for the same relief on its third-party complaint.

In the main action, the plaintiffs as mortgagees were parties to an indorsement on a fire insurance policy, which stated...

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