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ZAITCHICK v. AMERICAN MOTORISTS INS. CO.

No. 81 Civ. 6254 (KTD).

554 F.Supp. 209 (1982)

Stanley ZAITCHICK and Victoria Zaitchick, Plaintiffs, v. AMERICAN MOTORISTS INSURANCE CO., Defendant.

United States District Court, S.D. New York.

December 28, 1982.

Attorney(s) appearing for the Case

Louis Tieger, P.C., Monticello, N.Y., for plaintiffs.

Whitman & Ransom, New York City, for defendant; Frederic R. Mindlin, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

On the morning of Thursday, November 6, 1980, at approximately 7:30 a.m., Paul Walsh, a local Glen Wild, New York gas station owner and chief of the local volunteer fire department sat down to his breakfast at the Rockhill Diner. At the same time, Robert Hankins was jogging past East Glen Wild Road when he noticed heavy smoke rising from among the trees. Responding quickly, he telephoned the volunteer fire department...

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