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AUSCH v. ST. PAUL FIRE INS.

125 A.D.2d 43 (1987)

Julius Ausch, as Assignee of Abbey Residential Home, Inc., et al., Respondents, v. St. Paul Fire & Marine Insurance Company, Appellant

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

February 17, 1987

Attorney(s) appearing for the Case

Tell, Cheser & Breitbart (Benjamin L. Tell, Solomon M. Cheser and Kenneth R. Feit of counsel), for appellant.

Weg & Myers, P. C. (Frank A. Weg and Ira M. Myers of counsel), for respondents.

BRACKEN, J. P., NIEHOFF, RUBIN and LAWRENCE, JJ., concur.

Per Curiam.

The plaintiff Julius Ausch, as the assignee of Abbey Residential Home, Inc. (hereinafter Abbey), the named insured, and Abbey commenced the instant action to recover for fire losses on an insurance policy issued by the defendant covering premises located at 86 Van Ness Place, Newark, New Jersey. Two incendiary fires occurred on the premises during the month of December 1981 approximately two months after the insurance...

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