CITIBANK v. COVENANT INS. CO.


150 Misc.2d 129 (1991)

Citibank, N. A., Plaintiff, v. Covenant Insurance Company, Defendant.

Supreme Court, Rockland County.

February 15, 1991


Attorney(s) appearing for the Case

Schwall & Becker (James E. Stearns of counsel), for plaintiff. Alan R. Lewis for defendant.


JOAN B. LEFKOWITZ, J.

The motions submitted herein appear to raise an issue of first impression as to whether the court can prudently exercise its discretion to grant leave nunc pro tunc to a mortgagee for permission to sue the insurer on a fire policy that insured the mortgaged property while a prior action by the mortgagee against the mortgagor to foreclosure the mortgage is still pending?

Plaintiff...

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