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  5. 42 N.Y.2d 1063 (1977)
 

FALCHOOK MKTS., INC. v. WARNER RECIPROCAL INSURERS

42 N.Y.2d 1063 (1977)

Falchook Markets, Inc., et al., Respondents-Appellants, v. Warner Reciprocal Insurers et al., Appellants-Respondents, and Taaffe & Travers Associates, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Milton B. Pfeffer for appellants-respondents.

Robert S. Newman for respondents-appellants.

Roy E. Pomerantz for Taaffe & Travers Associates, Inc., respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG, and COOKE concur.

MEMORANDUM.

The order of the Appellate Division is modified by remitting the case to Supreme Court for a determination of actual damages upon proper proof, and as so modified, it is affirmed, with costs to plaintiffs.

In response to plaintiffs' motion for summary judgment in an action on a fire insurance policy issued by Warner Reciprocal Insurers, no triable issue of fact as to the existence and ownerhip of the...

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