BREED v. INS. CO. OF NO. AMER.


57 A.D.2d 31 (1977)

Henry E. Breed et al., Appellants, v. Insurance Company of North America, Respondent

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

April 14, 1977


Attorney(s) appearing for the Case

Decatur & Peer (F. Richard Decatur, Jr., of counsel), for appellants.

Bouck, Holloway & Kiernan (John R. Casey of counsel), for respondent.

MAIN and LARKIN, JJ., concur with MAHONEY, J.; KOREMAN, P. J., and HERLIHY, J., dissent and vote to affirm in an opinion by KOREMAN, P. J.


MAHONEY, J.

The plaintiffs were insured under a homeowner's policy issued by defendant insuring certain premises located in the Town of Brunswick, Rensselaer County, consisting of a residence, occupied by plaintiffs, and a carriage house 84 feet to the rear of the residence which contained a ground floor garage with an apartment on the second level. On January 26, 1973, plaintiffs' tenant, occupying the apartment...

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