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BRINDISI v. STATE FARM INS

149 Misc.2d 390 (1991)

Estate of Michele Brindisi, Plaintiff, v. State Farm Insurance Company et al., Defendants.

Supreme Court, Erie County.

January 2, 1991

Attorney(s) appearing for the Case

Robert R. Vario for plaintiff. Jaeckle, Fleischmann & Mugel (David G. Brock of counsel), for State Farm Insurance Company and another, defendants. Toohey & O'Toole (Charles J. Naughton of counsel), for P. Brian Tretter and another, defendants.

JOSEPH D. MINTZ, J.

Plaintiff and defendants Tretter each move for summary judgment in this action concerning the rights to certain insurance proceeds payable under a fire insurance policy issued by defendant State Farm. The undisputed facts are as follows:

Defendants Tretter were the owners of the subject property, subject to a purchase-money mortgage held by plaintiff. A policy of fire insurance was...

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