MINDY'S WINE CELLAR, INC. v. AM. & FOREIGN INS. CO.


51 A.D.2d 650 (1976)

Mindy's Wine Cellar, Inc., Respondent, v. American & Foreign Insurance Company, Appellant. (Appeal No. 1.)

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

January 16, 1976


Order unanimously reversed and judgment vacated, on the law and facts, and in the exercise of discretion, without costs, in accordance with the following memorandum: Plaintiff-respondent sued defendant-appellant insurance carrier to recover $316,118.84 for the destruction of its property by fire. Defendant had issued the policy two days before the fire occurred. It appeals from two Special Term orders, the first of which granted plaintiff a default judgment and the second...

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