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MELINO v. NAT'L GRANGE MUT. INS. CO.

213 A.D.2d 86 (1995)

630 N.Y.S.2d 123

Diane Melino, Appellant, v. National Grange Mutual Insurance Company, Defendant. Corestates New Jersey National Bank, Respondent

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

July 27, 1995

Attorney(s) appearing for the Case

Lewis & Stanzione, Catskill (Ralph C. Lewis, Jr., of counsel), for appellant.

Cynthia Rosicki, P. C., Carle Place (Andrew Morganstern of counsel), for respondent.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany (John W. Bailey of counsel), for defendant.

WHITE and YESAWICH JR., JJ., concur with CREW III, J.; SPAIN, J., and MIKOLL, J. P., dissent in a separate opinion by SPAIN, J.

CREW III, J.

On June 30, 1989, plaintiff purchased a two-family dwelling located in the City of Albany. The purchase was subject to a first mortgage given to Norstar Mortgage Corporation, which ultimately was assigned to National State Bank, an apparent predecessor in interest to CoreStates New Jersey National Bank (hereinafter the Bank), and plaintiff obtained a fire insurance policy for the premises from defendant...

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