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CITIZENS SAV v. PROPRIETORS

78 A.D.2d 377 (1981)

Citizens Savings and Loan Association of New York, Plaintiff, v. Proprietors Insurance Company et al., Defendants. (Action No. 1.) Citizens Savings and Loan Association of New York, as Loss Payee Assignee of Bell Bowl, Inc., et al., Respondents, v. Proprietors Insurance Company, Appellant, et al., Defendants. (Action No. 2.) Bell Bowl, Inc., et al., Plaintiffs, v. Proprietors Insurance Company, Defendant. (Action No. 3.)

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

January 19, 1981

Attorney(s) appearing for the Case

Garbarini, Scher & DeCicco, P. C. (Philip A. DeCicco of counsel), for appellant.

Raymond B. Schwartzberg for respondent.

HOPKINS, J. P., LAZER and COHALAN, JJ., concur.

DAMIANI, J.

This appeal involves an action (Action No. 2) by a mortgagee, Citizens Savings and Loan Association of New York, to recover under the provisions of a comprehensive property insurance policy which covered business interruption losses. The insurer, defendant Proprietors Insurance Company, appeals from an order which denied its motion to dismiss the action upon the ground that plaintiff had failed to...

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