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DYNO-BITE v. TRAVELERS COS.

80 A.D.2d 471 (1981)

Dyno-Bite, Inc., et al., Respondents, v. Travelers Companies et al., Appellants, and Buffalo Associates, Respondent

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

May 27, 1981

Attorney(s) appearing for the Case

Dempsey & Dempsey (Helen K. Dempsey of counsel), for appellants.

Jaeckle, Fleischmann & Mugel (David J. Calverley of counsel), for Dyno-Bite, Inc., and another, respondents.

CARDAMONE, J. P., HANCOCK, JR., DENMAN and SCHNEPP, JJ., concur.

SIMONS, J.

Plaintiffs are lessees and sole occupants of premises located in Cheektowaga, New York and owned by defendant, Buffalo Associates. In early December, 1977 the premises were destroyed by fire of suspicious origin. Plaintiffs sought indemnification for the loss from defendants, their insurance carriers, and when defendants refused to pay the loss they commenced this action to recover on the policies...

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