SEC. FED. SAV. & LOAN ASS'N OF STATEN ISLAND v. NEW YORK PROP. INS. UNDERWRITING ASS'N


89 A.D.2d 587 (1982)

Security Federal Savings and Loan Association of Staten Island, Respondent, v. New York Property Insurance Underwriting Association, Appellant, et al., Defendants

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

July 12, 1982


Order reversed, with $50 costs and disbursements, and motion for summary judgment denied.

On this record, it cannot be said as a matter of law that no triable issues of fact exist. There is evidence in the record which raises a fact question as to whether the fire at the insured premises occurred while there was a "change of * * * occupancy or [an] increase of hazard" which was within the knowledge of...

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