UNION FREE SCH. DIST. NO. 4, TOWN OF HUNTINGTON v. INTERSTATE INS. CO.


40 A.D.2d 879 (1972)

Union Free School District No. 4, Town of Huntington, Appellant, v. Interstate Insurance Company et al., Defendants, and Birmingham Fire Insurance Company of Pennsylvania, Respondent

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

November 27, 1972


Order reversed, with $20 costs and disbursements, and motion denied.

It is evident from the papers submitted on the motion that the facts as to whether codefendant insurance broker Holland Service Agency, Inc., was authorized by respondent to provide fire insurance coverage on plaintiff's school premises prior to the fire loss are within the exclusive knowledge of that codefendant and respondent. Plaintiff's information as to such purported coverage is derived from...

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