JANES v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY


281 A.D.2d 982 (2001)

722 N.Y.S.2d 669

RALPH A. JANES, Respondent, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided March 21, 2001.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's cross motion for summary judgment and ordered New York Central Mutual Insurance Company (defendant) to provide coverage under its policy of insurance for a fire loss suffered by plaintiff on September 23, 1993. We reject defendant's contention that a vacancy exclusion clause that was changed when the policy was renewed in 1988 precludes coverage. Defendant is bound...

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