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ZURRUZ REALTY CORP. v. CALVERT INS. CO.

228 A.D.2d 267 (1996)

643 N.Y.S.2d 582

Zurruz Realty Corp., Appellant, v. Calvert Insurance Co., Respondent

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

June 13, 1996

Summary judgment should have been denied. Plaintiff's assertions as to defendant insurer's conduct, that it issued a post-cancellation endorsement correcting the error which allegedly triggered the notice of cancellation and accepted and retained the full premium until 45 days after the loss in question occurred and 7 months after the purported cancellation took effect, raise triable issues of fact as to when the cancellation of...

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