McCARTHY v. NEW YORK PROP. INS. UNDERWRITING ASS'N


158 A.D.2d 961 (1990)

Edward J. McCarthy et al., Respondents, v. New York Property Insurance Underwriting Association, Appellant

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

February 2, 1990


Order unanimously affirmed with costs.

Memorandum:

A two-family frame dwelling, owned by plaintiffs and insured by defendant, was destroyed by fire on July 22, 1986. This action seeks recovery for the amount of the loss. Defendant contends that coverage is excluded under paragraph 26 (C) of the policy which provides, in relevant part, as follows:

"C) We do not cover loss resulting directly or indirectly: "1) VACANCY OR UNOCCUPANCY,...

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