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1395 SECOND AVE. REST., INC. v. ALL CITY INS. CO.

207 A.D.2d 271 (1994)

615 N.Y.S.2d 358

1395 Second Avenue Restaurant, Inc., Doing Business as Fu's Restaurant, Respondent, v. All City Insurance Company, Appellant, and Supreme Credit Corporation, Respondent

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

August 4, 1994

Plaintiff suffered fire damage at its commercial premises in November 1990, and brought this action against the insurer and the premium finance agency for some $58,000 due under a commercial risk insurance policy, plus $2 million in exemplary damages for failure to accept the claim. Defendant All City denied coverage, asserting that its policy had been cancelled almost three months earlier, on September 6, 1990, due to nonpayment...

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