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UNDERWRITERS v. DUCOR'S

103 A.D.2d 76 (1984)

Interested Underwriters at Lloyds, as Assignee of Fur Galleria, Inc., Appellant, v. Ducor's, Inc., et al., Respondents

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

July 26, 1984

Attorney(s) appearing for the Case

Paul Kovner of counsel (Paul M. Ginsberg with him on the brief; Ginsberg & Caesar, P. C., attorneys), for appellant.

Joanne Venino of counsel (James J. Taylor with her on the brief; Bigham Englar Jones & Houston, attorneys), for respondents.

CARRO and MILONAS, JJ., concur with SULLIVAN, J.; SANDLER, J. P., and SILVERMAN, J., dissent in an opinion by SILVERMAN, J.

SULLIVAN, J.

On March 17, 1982, Fur Galleria, Inc., a commercial tenant of a portion of the premises at 434 Central Avenue, Cedarhurst, New York, owned by defendant, Meyer Ducorsky, sustained a $218,000.14 loss as the result of a fire which originated in the vacant adjoining premises at 432 Central Avenue, also owned by defendant. The tenant was compensated in full for its loss by plaintiff, its fire insurer, to which it assigned all its right, title...

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