LE FROIS FOODS CORP. v. AETNA INS. CO.


74 A.D.2d 730 (1980)

Le Frois Foods Corp. et al., Respondents, v. Aetna Insurance Company et al., Defendants-Appellants and Third-Party Plaintiffs-Appellants. Policy Advancing Corp., Third-Party Defendant-Appellant

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

February 20, 1980


Order unanimously reversed, without costs, and motion to dismiss complaint granted.

Memorandum:

Plaintiffs commenced this action against the defendant fire insurance companies, Aetna Insurance Company and Royal Insurance Company, and Policy Advancing Corporation (PAC), a premium financing agency, to recover damages for a fire loss which occurred in December, 1971. This litigation which was commenced in 1972 has already been to this court twice. On April 17...

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