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MADISON AVE. PROP. CORP. v. ROYAL INS. CO.

281 A.D. 641 (1953)

Madison Avenue Properties Corp., Respondent, v. Royal Insurance Company, Limited, et al., Defendants and Third-Party Plaintiffs-Appellants. Arc Electrical Construction Co., Inc., Third-Party Defendant-Respondent

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

April 14, 1953.

Attorney(s) appearing for the Case

Lester R. Bachner of counsel (Koenig & Bachner, attorneys), for respondent.

Samuel A. Berger of counsel (Abraham Kaplan and Irwin Leibowitz with him on the brief; Powers Kaplan & Berger, attorneys), for third-party plaintiffs-appellants.

John J. O'Connell of counsel (Maurice Rosenberg and Armin R. St. George with him on the brief; John P. Smith, attorney), Cravath, Swaine & Moore, trial counsel for third-party defendant-respondent.

PECK, P. J., and BERGAN, J., concur with COHN, J.; CALLAHAN and VAN VOORHIS, JJ., dissent and vote to affirm, in opinion.

COHN, J.

Plaintiff (hereafter called Madison) the owner of a leasehold on a building brought this action to recover on fire insurance policies issued by defendant insurance companies for loss resulting from fire. On May 9, 1951, a casualty, which plaintiff claims was a fire, originated in the switchboard room, in the basement of Madison's building. In their answer defendants affirmatively plead that the loss to...

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