The underlying facts are not in dispute. Roosevelt Smith purchased the subject premises, a house in Amityville, New York, in 1961 with a mortgage from Colonial Realty Co. Immediately thereafter, this mortgage was assigned to defendant Dime Savings Bank, and the mortgage has been serviced by Dime's agent, defendant New York Guardian Mortgage Co. (hereinafter Guardian). At the time he purchased the home, Smith obtained a homeowner's fire insurance policy issued by defendant...
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