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CHARLTON v. US FIRE INS. CO.

165 Misc.2d 90 (1995)

627 N.Y.S.2d 221

Kathleen Charlton, Individually and as Successor in Interest to Fulton Street Restaurant Limited Partnership, Trading as Fluties Pier 17 Restaurant, et al., Plaintiffs, v. United States Fire Insurance Company, Defendant.

Supreme Court, New York County.

April 17, 1995

Attorney(s) appearing for the Case

Ira J. Greenhill, P. C., New York City (Jonathan Seth Greenhill of counsel), for defendant. Gallagher, Gossen & Faller, Garden City (Michael J. Crowley of counsel), for plaintiffs.

HERMAN CAHN, J.

Defendant United States Fire Insurance Company (USF) moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the complaint. Plaintiffs cross-move for an order pursuant to CPLR 3211 (b) striking the first, second, third and fourth affirmative defenses.

This is an action to recover the sum of $395,413 under an insurance policy for losses sustained by the following...

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