ABUDAYEH v. FAIR PLAN INS. CO.


105 A.D.2d 764 (1984)

Issa Abudayeh et al., Respondents, v. Fair Plan Insurance Co., Appellant, et al., Defendants

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

November 19, 1984


Order affirmed, insofar as appealed from, with costs.

Appellant has raised a number of objections with respect to the propriety of Special Term's order dismissing five of its affirmative defenses, only two of which warrant our discussion. First, it contends that plaintiffs failed to make a diligent effort to procure fire insurance coverage in the normal market as required by section 653 (subd 1, par [a]) of the Insurance Law. Appellant asserts that plaintiffs' failure...

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