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CHASE MANHATTAN BANK v. HARRIS

2 A.D.3d 999 (2003)

768 N.Y.S.2d 401

CHASE MANHATTAN BANK, Formerly Known as CHEMICAL BANK, Successor by Merger to CHASE MANHATTAN BANK, N.A. and CHASE LINCOLN FIRST BANK A NATIONAL BANKING ASSOCIATION, Respondent, v. JOAN HARRIS, Also Known as JOAN HARRIS RONDEAU, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. MERRIMACK MUTUAL FIRE INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

December 11, 2003.

Kane, J.

In September 1999, a fire occurred in the basement of a threefamily residential apartment building located at 123 Morris Street in the City of Albany. At that time, defendant Joan Harris owned the property, subject to a mortgage held by plaintiff. Harris submitted a claim for the damage caused by the fire under an insurance policy issued by third-party defendant, Merrimack Mutual Fire Insurance Company. After conducting an investigation, Merrimack, in August...

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