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WINTER v. AETNA CAS & SUR CO

96 Misc.2d 497 (1978)

Damazy Winter et al., Plaintiffs, v. Aetna Casualty and Surety Company, Defendant.

Supreme Court, Special Term, Nassau County.

September 20, 1978

Attorney(s) appearing for the Case

Ralph Berley for plaintiffs. Witman & Ransom for defendant.

JAMES F. NIEHOFF, J.

This case presents issues which appear to be of first impression within the State of New York.

The plaintiffs, husband and wife, who own premises 136 No. 2nd Street in New Hyde Park as tenants by the entirety seek to recover the sum of $28,581.60 for damage caused to their home by fire on November 10, 1976. The defendant insurer, while admitting that it issued to the plaintiffs its policy of

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