W. JOSEPH McPHILLIPS, INC. v. ELLIS


278 A.D.2d 682 (2000)

717 N.Y.S.2d 743

W. JOSEPH McPHILLIPS, INC., Plaintiff, v. FRANK P. ELLIS et al., Doing Business as THE BALSAM HOUSE, Respondents. NEIL McPHILLIPS et al., Appellants.

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

Decided December 21, 2000.


Rose, J.

In 1995 plaintiff, an insurance agency, commenced this action against defendants to recover unpaid premiums on insurance policies issued through plaintiff by Continental Insurance Corporation to defendant Frank P. Ellis in 1994. At that time, Ellis and defendant Josef Roettig were doing business as The Balsam House in the Town of Chester, Warren County. A gas explosion and fire that destroyed much of defendants' business premises in July 1994 resulted in...

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