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


160 A.D.2d 287 (1990)

Ben Cohen, Appellant, v. New York Property Insurance Underwriting Association, Respondent

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

April 10, 1990


Plaintiff commenced this action seeking to recover on a fire insurance policy mortgage loss payable clause. Under the designation "insured", plaintiff was listed as "Ben Cohen mortgagee". After the mortgagor defaulted, plaintiff foreclosed on the premises and, as a result of the foreclosure and sale, obtained title for a nominal sum on November 7, 1984. The mortgagor, however, had filed a voluntary petition in bankruptcy on November 2, 1984, triggering an automatic stay....

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