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HENDERSON v. AETNA CAS. & SUR. CO.

81 A.D.2d 702 (1981)

Lawrence Henderson, Doing Business as Village Tavern, Respondent, v. Aetna Casualty and Surety Company, Appellant

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

April 16, 1981

Plaintiff operated a tavern on premises he leased from Peter Rezey. Defendant had issued a fire insurance policy to plaintiff. A fire occurred and defendant, pursuant to the terms of the policy, paid plaintiff some $12,500 in full satisfaction of the claim. Plaintiff then executed a subrogation receipt in favor of defendant. Thereafter, defendant, as subrogee of plaintiff, sued Rezey to recover the money paid plaintiff. The action...

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