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


188 A.D.2d 1017 (1992)

Nasar Abdulla Alfagih et al., Individually and Doing Business as N.A.A. Foods, Respondents, v. New York Property Insurance Underwriting Association, Appellant

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

December 30, 1992


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant's motion to dismiss plaintiffs' cause of action seeking to recover payment for losses sustained under the terms of their fire insurance policy. The cause of action for loss due to theft of goods, however, must be dismissed. Plaintiffs concede that no theft coverage exists under the policy. Plaintiffs also consent...

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