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McLEOD & HENRY v. EMPLOYERS' INS.

46 A.D.2d 242 (1974)

McLeod & Henry Co., Inc., Appellant, v. Employers' Fire Ins. Co. et al., Respondents

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

December 23, 1974.

Attorney(s) appearing for the Case

Shanley & Shanley (Donald J. Shanley of counsel), for appellant.

Bouck, Holloway & Kiernan (Francis J. Holloway of counsel), for Employers' Fire Ins. Co., respondent.

Donohue, Bohl, Clayton & Komar for Herrick & Herrick, Inc., and others, respondents.

GREENBLOTT, J. P., COOKE, KANE and REYNOLDS, JJ., concur.

SWEENEY, J.

This is an action to recover on a fire insurance policy issued by defendant Employers' Fire Insurance Company to plaintiff. The building covered by the policy was ravaged by fire on May 18, 1970. Concededly, the building was vacant and unoccupied from May 27, 1969 to the date of the fire. The present action was commenced after defendant refused to pay the amount allegedly due under the policy. Defendant...

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