FADEL v. COLONIAL INDEM. INS. CO.


227 A.D.2d 950 (1996)

643 N.Y.S.2d 843

Abdo Fadel, Appellant, v. Colonial Indemnity Insurance Company et al., Respondents

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

May 31, 1996


Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting the motion of defendant, Colonial Indemnity Insurance Company (Colonial), for summary judgment dismissing the complaint. Plaintiff seeks to recover insurance proceeds under a policy of insurance issued to plaintiff by Colonial covering a building destroyed by fire. From our review of the record, we conclude that, under...

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