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BUTTERNUT ENTERS., INC. v. TRAVELERS INDEM. CO. OF RHODE ISLAND

67 A.D.2d 672 (1979)

Butternut Enterprises, Inc., Respondent, v. Travelers Indemnity Company of Rhode Island et al., Appellants

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

January 15, 1979

Order reversed, on the law, without costs or disbursements, and motion and cross motion for summary judgment granted.

In its proof of claim, plaintiff set forth a certain sum as the amount claimed under the defendants' fire insurance policies. Said amount has already been paid. Therefore, since no bona fide factual issue exists, the defendants' respective motion and cross motion for summary judgment should have been granted...

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