UNION REST. v. NO. AMER. CO.


59 A.D.2d 270 (1977)

Union Station Restaurant, Inc., et al., Respondents, v. North American Company for Property and Casualty Insurance, Appellant, and Samuel C. Sansone et al., Respondents

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

November 4, 1977


Attorney(s) appearing for the Case

Cohen, Lombardo, Blewett, Fisher, Hite & Spandau (Richard N. Blewett of counsel), for appellant.

Duke, Holzman, Yaeger & Schlopy (Barry L. Radlin of counsel), Union Station Restaurant, Inc., and another, respondents.

Saperston, Day & Radler (Herbert J. Lustig of counsel), for Samuel C. Sansone, respondent.

Hurwitz, Siegel & Hurwitz (Sheldon Hurwitz of counsel), for Imperial Bank, respondent.

MOULE, DENMAN, GOLDMAN and WITMER, JJ., concur.


MARSH, P. J.

Defendant North American Company for Property and Casualty Insurance appeals from an order of Special Term which granted plaintiffs' motion to dismiss defendant-appellant's first affirmative defense set forth in its answer, granted plaintiffs' motion for summary judgment upon plaintiffs' first cause of action alleged in the complaint and directed assessment of damages therefor.

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