SPORTSMEN'S PARK, INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


99 A.D.2d 582 (1984)

Sportsmen's Park, Inc., Doing Business as Astoria Hotel & Cafe & Derby Restaurant, Respondent-Appellant, v. New York Property Insurance Underwriting Association, Appellant-Respondent, et al., Defendant

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

January 16, 1984


Motion for reargument denied, without costs. The decision of this court dated November 17, 1983 does not require that a mortgage foreclosure action be commenced prior to an insurer making payment to a mortgagee to the extent of the mortgagee's interest in the property. Motion for permission to appeal to the Court of Appeals granted, without costs. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination...

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