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ASSOCIATED MUTUAL INSURANCE COMPANY v. KIPP'S ARCADIAN II, INC.

298 A.D.2d 478 (2002)

748 N.Y.S.2d 405

ASSOCIATED MUTUAL INSURANCE COMPANY, Appellant, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY, et al., Respondents. (Action No. 1.) EXCHANGE INSURANCE COMPANY, Appellant, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY, et al., Respondents. (Action No. 2.) CONTINENTAL CASUALTY COMPANY, Appellant, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY et al., Respondents. (Action No. 3.) COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY, et al., Respondents. (Action No. 4.) AETNA CASUALTY & SURETY COMPANY et al., Appellants, v. SAN REALTY CORP. et al., Respondents, et al., Defendants. (Action No. 5.) ANTHONY VASSALLO, Appellant, v. SAN REALTY CORP. et al., Respondents, et al., Defendants. (Action No. 6.)

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

Decided October 21, 2002.

Ordered that the order is affirmed, with one bill of costs.

The instant actions arise out of a fire which occurred on April 18, 1995, at 155 Main Street in Ossining (hereinafter the building) owned by Kipp's Arcadian II, Inc., doing business as Kipp's Pharmacy (hereinafter Kipp's Pharmacy). It is alleged that as a result of the fire, several buildings and the businesses contained therein sustained damage and business losses. The first floor of the building contained...

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