FONDA v. FIRST PIONEER FARM CREDIT, ACA

511675.

86 A.D.3d 693 (2011)

927 N.Y.S.2d 417

2011 NY Slip Op 5843

PHILIP D. FONDA et al., Respondents, v. FIRST PIONEER FARM CREDIT, ACA, Appellant.

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

Decided July 7, 2011.


GARRY, J.

Defendant is a mortgagee for plaintiffs' dairy farm in the Town of Lisbon, St. Lawrence County. As required by the mortgage, plaintiffs carried fire insurance that named defendant as the insured. In August 2004, a fire on the property killed livestock and damaged or destroyed several farm buildings. The insurer issued payment jointly to defendant and plaintiff Philip D. Fonda for insurance proceeds of $223,000. Plaintiffs requested that defendant release...

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