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KRUPP v. AETNA LIFE & CAS. CO.

150 A.D.2d 345 (1989)

Robert Krupp et al., Appellants, v. Aetna Life & Casualty Co., Also Known as Aetna Casualty & Surety Co., Respondent

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

May 1, 1989

Ordered that the appeal of Robert Krupp is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from by the plaintiff Mary Krupp, on the facts, the complaint insofar as it is asserted on her behalf is reinstated and severed from the defendant's second counterclaim for the principal sum of $42,566.49 paid to the first mortgagee on the property, and a new trial is granted to the plaintiff Mary Krupp on the complaint only; and it is...

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