DONROJILL REALTY CORP. v. AETNA CAS. & SUR. CO.


58 A.D.2d 574 (1977)

Donrojill Realty Corp. et al., Appellants, v. Aetna Casualty and Surety Company, Respondent

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

June 6, 1977


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

A clause in the policy suspended liability if the insured building became "vacant or unoccupied beyond a period of sixty consecutive days". At the trial, the parties stipulated that the fire occurred on January 27, 1975. There was testimony that the building had been rented to a tenant who employed 45 persons and approximately 50 to 60 machines in the manufacture of wire and tubular...

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