10 PARK SQUARE ASSOCS., INC. v. THE TRAVELERS


244 A.D.2d 870 (1997)

668 N.Y.S.2d 109

10 Park Square Associates, Inc., Appellant, v. The Travelers (the Travelers Insurance Companies), Defendant-Respondent Park Square Inn, Ltd., Appellant, v. The Travelers (the Travelers Insurance Companies), Respondent. (Appeal No. 1.)

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

November 19, 1997


Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

When plaintiffs sought damages from defendant for a fire loss, defendant alleged among its affirmative defenses that plaintiffs or their agents set the fire and that plaintiffs willfully made false and fraudulent statements on their sworn proofs of loss. The jury did not find that plaintiffs were responsible for setting the fire but determined that defendant established...

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