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GRADY v. UTICA MUT INS CO.

94 Misc.2d 558 (1978)

James H. Grady, as Trustee, Plaintiff, v. Utica Mutual Insurance Company, Also Known as Utica Fire Insurance Company of Oneida County, et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 11, 1978

Attorney(s) appearing for the Case

Munley & Meade, P. C., for plaintiff. Gwertzman & Pfeffer for Utica Mutual Insurance Company, defendant.

HOWARD E. LEVITT, J.

The within motion for summary judgment pursuant to CPLR 3212 is disposed of as hereinafter set forth.

The facts in this case are not in dispute. A policy of insurance was issued on a house located in Richmond Hills, New York, in the amount of $40,000 by the defendant Utica Mutual Insurance Company (Utica) to the defendants Dominick and Josephine Di Martino (Di Martino), with a loss payable

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