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AIMATOP REST., INC. v. LIBERTY MUT. FIRE INS. CO.

74 A.D.2d 516 (1980)

Aimatop Restaurant, Inc., Doing Business as Syosset Coach & Grille, Respondent, v. Liberty Mutual Fire Insurance Company, Appellant

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

February 14, 1980

This is an action by the owner and operator of a diner to recover on a fire insurance policy for losses from an explosion and fire at the insured diner. At the end of a jury trial, after motions by both sides for a directed verdict had been denied, the trial court, for reasons not here germane, declared a mistrial and set a new trial before a different jury. Prior to a retrial, plaintiff moved for summary judgment. In support of...

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