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FINE v. BELLEFONTE UNDERWRITERS INS. CO.

Nos. 1547, 1548, Dockets 83-7188, 83-7198.

725 F.2d 179 (1984)

Martin FINE, William Becker and Philip Becker, individually, and William Becker and Philip Becker d/b/a Becker & Becker, all doing business as 649 Broadway Equities Co., Plaintiffs-Appellees-Cross-Appellants, v. BELLEFONTE UNDERWRITERS INSURANCE CO., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1984.

Attorney(s) appearing for the Case

Herbert P. Polk, New York City (Robert S. Newman, of Whitman & Ransom, New York City, of counsel), for defendant-appellant-cross-appellee.

Andrew C. Jacobson, New York City (Frank A. Weg, Dennis T. D'Antonio, of Weg Meyers & Jacobson, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Before OAKES and MESKILL, Circuit Judges, and HILL, District Judge.

IRVING HILL, Senior District Judge:

In June 1978, Plaintiff, Fine,1 purchased three contiguous parcels of land in New York City for a total price of $1,300,000. Each parcel had a building on it. Though the buildings had separate addresses (649, 653 and 657 Broadway), they were also contiguous and were operated as a single economic unit. The three buildings had a single heating system which employed a single boiler.

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