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FULMONT MUTUAL INSURANCE COMPANY v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

4 A.D.3d 724 (2004)

772 N.Y.S.2d 406

FULMONT MUTUAL INSURANCE COMPANY, as Subrogee of JAMES S. HUTCHINSON, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

February 26, 2004.

Peters, J.

James Hutchinson owns a parcel of real property in the Town of Canajoharie, Fulton County on which there are various stores and rental apartments. The property was insured against fire loss by a policy of insurance procured from plaintiff. Hutchinson, along with his wife and stepson, Michael Rockefeller, reside in one of the rental apartments. A homeowner's policy was procured by Hutchinson from defendant to cover Hutchinson, his wife and Rockefeller for...

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