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MOKE REALTY v. WHITESTONE SAV

82 Misc.2d 396 (1975)

Moke Realty Corp., Plaintiff, v. Whitestone Savings & Loan Association, Defendant.

Supreme Court, Nassau County.

June 18, 1975

Attorney(s) appearing for the Case

Baratta & Solleder for plaintiff. George J. Meade for defendant.

BERTRAM HARNETT, J.

In the "Words & Phrases" index of West publications, this case could be catalogued under "Mortgagee" or "Fire Insurance Proceeds, Right to Recover," or simply "If at first you do not succeed * * *."

In Whitestone Sav. & Loan Assn. v Allstate Ins. Co. (28 N.Y.2d 332), Whitestone, named beneficiary of a mortgagee loss payable clause, sued an insurer to recover fire insurance...

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