PORTOFINO RISTORANTE & CATERING, INC. v. MICHIGAN MILLERS MUT. INS. CO.


198 A.D.2d 869 (1993)

604 N.Y.S.2d 438

Portofino Ristorante & Catering, Inc., et al., Respondents, v. Michigan Millers Mutual Insurance Company, Appellant

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

November 19, 1993


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

On October 14, 1991, an application to insure plaintiffs' premises was submitted to defendant. That application provided that the property was "fully sprinklered," that it had a full automatic Ansul extinguisher system on service contract, that there was an automatic shut-off on the fuel supply, and that all vents, hoods, ducts...

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