BURKE v. STATE FARM FIRE AND CAS. CO.

2011-11014.

105 A.D.3d 794 (2013)

963 N.Y.S.2d 293

2013 NY Slip Op 2367

ROBERT BURKE et al., Respondents, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellant.

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

Decided April 10, 2013.


In an action to recover the proceeds of a rental dwelling insurance policy, the defendant appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated October 24, 2011, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

In November 2007, the plaintiffs sold certain real property...

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