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2423 MERMAID v. NY PROP. INS.

142 A.D.2d 124 (1988)

2423 Mermaid Realty Corp. et al., Appellants, v. New York Property Insurance Underwriting Association, Respondent-Appellant

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

November 21, 1988

Attorney(s) appearing for the Case

Scher & Eliasberg, P. C. (Robert A. Scher on the brief), for appellants-respondents.

Feldman & Rudy (Gerald F. Kirby and Donald J. Feldman of counsel), for respondent-appellant.

THOMPSON, J. P., BROWN and LAWRENCE, JJ., concur.

WEINSTEIN, J.

The issue to be addressed on the instant appeal and cross appeal is whether the principal of a closely held corporation should be required to submit his personal income tax returns for inspection and copying by the insurer on a claim for fire losses or otherwise risk an invalidation of the underlying policy where the subject fire was incendiary in nature...

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