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VICTOR v. TURNER

113 A.D.2d 490 (1985)

Ida Victor, Respondent, v. William Turner, Defendant, and New York Property Insurance Underwriting Association et al., Appellants

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

December 23, 1985

Attorney(s) appearing for the Case

Gwertzman, Pfeffer, Toker & Lefkowitz (Roger Bruce Feinman and Morton Greenwald of counsel), for appellants.

Sachs & Spector, P. C. (Joseph J. Pasch of counsel), for respondent.

LAZER, J. P., BROWN and O'CONNOR, JJ., concur.

GIBBONS, J.

In this action to recover under a fire insurance policy, the question on appeal is whether, in the absence of nonrenewal, a notice of cancellation for nonpayment of premium is required to terminate coverage for the renewal term of a policy protected by Insurance Law § 167-a (now § 3425). We conclude that such notice is required, and therefore affirm.

There are no factual issues...

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