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CAPIZZI v. SEC. MUT. INS. CO.

254 A.D.2d 783 (1998)

677 N.Y.S.2d 838

Frederick Capizzi et al., Respondents, et al., Plaintiff, v. Security Mutual Insurance Company, Appellant, et al., Defendant. (Appeal No. 2.)

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

October 2, 1998

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Property owned by plaintiffs Frederick Capizzi and Kathleen Capizzi (Capizzis) and subject to a mortgage held by plaintiff Beneficial Finance Homeowner Service Corporation (Beneficial) sustained fire damage on April 10, 1995. The property was insured against fire loss by defendant Security Mutual Insurance Company (Security Mutual). The policy contained...

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