1303 WEBSTER AVE. REALTY CORP. v. GREAT AM. SURPLUS LINES INS. CO.


96 A.D.2d 1020 (1983)

1303 Webster Avenue Realty Corp., Respondent, v. Great American Surplus Lines Insurance Company et al., Appellants

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

September 22, 1983


Unanimously reversed, on the law, and the motion is granted, with costs.

Plaintiff owned premises located at 1303-1321 Webster Avenue in The Bronx, which it had insured against fire loss with the two defendant carriers. On September 3, 1979, the premises were substantially destroyed by fire. The defendants refused to pay for this loss. Concededly more than two years after the date of the fire, plaintiff commenced the instant action against defendants. In place of...

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