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TRANSAMERICA INS. CO. v. TOLIS INN, INC.

129 A.D.2d 512 (1987)

Transamerica Insurance Company, as Subrogee of Arcee Ice Cream Factory, Inc., et al., Respondents, v. Tolis Inn, Inc., Respondent and Third-Party Plaintiff-Respondent. Allcity Insurance Company, Third-Party Defendant-Appellant

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

April 21, 1987

These actions relate to a fire which occurred on April 6, 1982, at premises located at 1265 First Avenue, New York City, owned by Tolis Inn, Inc. Action No. 1 was commenced by Tolis against its insurance carrier to recover for property damage under a multiple peril insurance policy issued by Allcity Insurance Company, which, inter alia, alleged arson as an affirmative defense. Actions Nos. 2 and 3 were instituted, respectively...

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