HOROWITZ v. TRANSAMERICA INSURANCE COMPANY


257 A.D.2d 560 (1999)

683 N.Y.S.2d 290

MAYER HOROWITZ et al., Respondents, v. TRANSAMERICA INSURANCE COMPANY et al., Appellants.

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

Decided January 11, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the first cause of action is dismissed.

In 1991 the plaintiff Mayer Horowitz applied for a homeowner's insurance policy. The application was processed by the Greenpoint Agency, Inc. (hereinafter Greenpoint). On July 2, 1994, there was a fire at the insured premises. A notice of loss dated August 19, 1994, was thereafter submitted to the...

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