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GANNON v. NY MUT UNDERWRITER

78 A.D.2d 399 (1981)

Robert Gannon et al., Respondents-Appellants, v. New York Mutual Underwriters, Appellant-Respondent

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

January 15, 1981

Attorney(s) appearing for the Case

J. Stanley Cohen for respondents-appellants.

Bouck, Holloway & Kiernan (Seale W. Tuttle of counsel), for appellant-respondent.

MAHONEY, P. J., SWEENEY, MAIN and MIKOLL, JJ., concur.

KANE, J.

Plaintiffs purchased a policy of fire insurance from the defendant covering their dwelling in High Falls, Ulster County, New York. The contract ran for a period of three years, commencing September 5, 1977, and the premium was payable in annual installments of $245. Plaintiffs paid the first year's premium. In September of 1978 the agent servicing the policy mailed an invoice to the Gannon residence which included the amount then due for the...

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