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LIBERTO v. WORCESTER MUT INS

87 A.D.2d 477 (1982)

Peter Liberto, Appellant, v. Worcester Mutual Insurance Company, Respondent

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

July 6, 1982

Attorney(s) appearing for the Case

Greenblatt, Forrester & Axelrod (Richard Greenblatt of counsel), for appellant.

Friedman, Maksail & Hirschen (Jeffrey N. Miller of counsel), for respondent.

GIBBONS and O'CONNOR, JJ., concur with LAZER, J. P.; MANGANO, J., concurs in the result, with an opinion in which BROWN, J., concurs.

LAZER, J. P.

In this action to recover for a fire loss under a homeowners insurance policy, the carrier has raised the plaintiff's alleged arson as a defense. To support this defense, the insurer offered evidence purporting to demonstrate plaintiff's animosity toward his former wife as motivating the arson. Over plaintiff's objection, the trial court admitted in evidence the entire contents of certain Family Court files relating to proceedings brought...

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