SEDLACEK v. DRYDEN MUTUAL INSURANCE COMPANY


266 A.D.2d 768 (1999)

698 N.Y.S.2d 793

FRANK SEDLACEK, SR., Appellant, v. DRYDEN MUTUAL INSURANCE COMPANY, Respondent.

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

Decided November 24, 1999.


Crew III, J.

Plaintiff owned a four-family apartment building in the City of Binghamton, Broome County, which he sold to his daughter, Mary Beth Hamilton, pursuant to an oral agreement. No deed was executed and plaintiff remained the titled owner. The agreement between plaintiff and Hamilton provided, inter alia, that the latter was responsible to insure the property and, in accordance therewith, she purchased a policy of fire insurance from defendant, which...

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