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Town of German Flats v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 991 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Supreme Court, Herkimer County, Bergin, J.

Present — Callahan, J.P., Doerr, Denman, Balio and Lawton, JJ.


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We agree with Supreme Court that defendant St. Paul Fire and Marine Insurance Company is entitled to summary judgment. Because it has been alleged, however, that some of the property located at the scene of the loss was owned by Mohawk Valley Nursing Home, we grant plaintiffs leave to amend their complaint, within 30 days of the date of the order to be entered herein, to plead a cause of action to recover for the loss of that property. In so doing, we do not pass upon the merits of such a claim.


Summaries of

Town of German Flats v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 991 (N.Y. App. Div. 1990)
Case details for

Town of German Flats v. Aetna Casualty & Surety Co.

Case Details

Full title:TOWN OF GERMAN FLATS et al., Appellants, v. AETNA CASUALTY AND SURETY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 21, 1990

Citations

168 A.D.2d 991 (N.Y. App. Div. 1990)
564 N.Y.S.2d 934