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TREMONT MGT. v. NY PROP INS.

130 Misc.2d 110 (1985)

East Tremont Management and Development Agency, Inc., Plaintiff, v. New York Property Insurance Underwriting Association et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

October 18, 1985

Attorney(s) appearing for the Case

Weg & Myers (Mark L. Friedman of counsel), for plaintiff. Rein, Mound & Cotton (John Mezzacappa of counsel), for New York Property Insurance Underwriting Association, defendant.

JACQUELINE W. SILBERMANN, J.

This is a motion by plaintiff for an order striking the first affirmative defense of defendant New York Property Insurance Underwriting Association alleging a waiver of coverage upon the ground that the premises involved in this action were vacant for a period of 60 consecutive days.

The plaintiff is the owner of a building located at 931 East 180th Street, Bronx, New York. Contained within such building are two stores...

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