UNITED STATES FIRE INS. CO. v. FRANCIS R. FRANK CORP.


45 A.D.2d 866 (1974)

United States Fire Insurance Company, Respondent, v. Francis R. Frank Corporation, Also Known as Francis R. Frank Corporation of New Jersey, et al., Appellants

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

July 15, 1974


Order affirmed, with $20 costs and disbursements.

Special Term by the order under review properly granted summary judgment in favor of plaintiff. Further, it properly directed an assessment of damages to proceed (cf. Home Ins. Co. v. Benward & Perez, N. Y. L. J., Aug. 11, 1967, p. 8, col. 5, affd. 29 A.D.2d 845). Inasmuch as this appeal is being heard on the original papers, we deem it appropriate to note that...

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