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BEETS WAL REALTY CORP. v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION

260 A.D.2d 520 (1999)

688 N.Y.S.2d 253

BEETS WAL REALTY CORP., Respondent, v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION et al., Defendants, and REPUBLIC NATIONAL BANK et al., Appellants.

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

Decided April 19, 1999.

Ordered that the judgment is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

The court's award in favor of the plaintiff in the principal sum of $40,000 was based on the plaintiff's status as only one of several payees named jointly on a check, issued by the defendant New York Property Insurance Underwriting Association, and subsequently converted. The $40,000 check was issued in settlement of a claim based on the loss...

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