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MERCER v. NEW YORK PROP. INS. UNDERWRITING ASS'N

247 A.D.2d 450 (1998)

668 N.Y.S.2d 664

Franklin J. Mercer, Appellant, v. New York Property Insurance Underwriting Association, Respondent. Norma J. Mercer, Nonparty Appellant. (Action No. 1.) New York Property Insurance Underwriting Association, Respondent, v. Franklin J. Mercer et al., Appellants, City of Mount Vernon, Respondent, et al., Defendant. (Action No. 2.)

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

February 9, 1998

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs to the respondents.

Franklin J. Mercer commenced an action to recover the proceeds of a fire insurance policy (Action No. 1) after an apartment building which he owned with his wife, Norma J. Mercer, as tenants in the entirety, burned down. Norma J. Mercer was not a party to the insurance policy. The insurer, New York Property Insurance...

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