DECK v. MERRIMACK MUT. FIRE INS. CO.


245 A.D.2d 1019 (1997)

667 N.Y.S.2d 154

Joseph A. Deck et al., Respondents, v. Merrimack Mutual Fire Insurance Co., Appellant

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

December 31, 1997


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant for summary judgment seeking a declaration that it owed no obligation to indemnify plaintiffs under a policy of insurance issued by defendant to plaintiffs' mortgagor, Louis Fumerelle. Defendant contends that, because plaintiffs failed to move for a deficiency judgment within 90 days after they obtained the mortgaged property at a foreclosure sale and received...

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