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ASSOCIATES COMMERCIAL CORP. v. NATIONWIDE MUTUAL INSURANCE COMPANY

298 A.D.2d 537 (2002)

748 N.Y.S.2d 792

ASSOCIATES COMMERCIAL CORP., Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided October 28, 2002.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff was a "loss payee" under a policy of insurance issued by the appellant to Scoca Construction Corp. (hereinafter Scoca). Scoca purchased certain construction equipment pursuant to an installment contract, which was assigned by the seller to the plaintiff. After Scoca made only one payment pursuant to the installment contract, the equipment was allegedly...

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