HALL v. FIREMAN'S FUND


118 Misc.2d 956 (1983)

Eldon R. Hall, Plaintiff, v. Fireman's Fund Insurance Company, Defendant.

Supreme Court, Special Term, Warren County.

April 22, 1983


Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey for defendant. Robert T. Farrell for plaintiff.


THOMAS E. MERCURE, J.

Defendant, Fireman's Fund Insurance Company, seeks summary judgment pursuant to CPLR 3212 and an order dismissing the plaintiff's complaint on the grounds that the policy issued by defendant was effectively canceled prior to a fire. Plaintiff is a pharmacist and the owner and operator of a pharmacy, which sustained a fire loss in excess of $63,000.

This action arises out of a fire loss to plaintiff's place of business, which...

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