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BOWERS v. MERCHS. MUT. INS. CO.

248 A.D.2d 1005 (1998)

670 N.Y.S.2d 274

Peter M. Bowers, Individually and Doing Business as Onondaga Management Company, Respondent, v. Merchants Mutual Insurance Co., Appellant, and Hughes & Richards, Inc., et al., Respondents. James River Paper Company, Inc., Third-Party Plaintiff, v. Thompson & Johnson Equipment Company, Inc., Third-Party Defendant-Respondent

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

March 13, 1998

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for summary judgment against defendant Merchants Mutual Insurance Co. (Merchants). In plaintiffs action to enforce a policy of fire insurance allegedly issued by Merchants to cover commercial property in Watertown, New York, Merchants raised the affirmative...

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