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IMRIE v. RATTO

521549.

145 A.D.3d 1358 (2016)

2016 NY Slip Op 08907

45 N.Y.S.3d 230

DANIEL F. IMRIE II, Appellant, v. ANDREW R. RATTO et al., Defendants, and ERIE INSURANCE COMPANY, Respondent. (Action No. 1.). DANIEL F. IMRIE II, Individually and as Assignee of Andrew Ratto et al., Appellant, v. JEFFREY D. HOWARD et al., Defendants, and ERIE INSURANCE COMPANY, Respondent. (Action No. 2.).

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

Decided December 29, 2016.

Defendant Andrew R. Ratto bought an auto repair business and garage in January 2010 from plaintiff by securing two mortgages on the property. The mortgages required Ratto to maintain insurance for, among other things, any "loss by fire" and to name plaintiff as the mortgagee on the insurance policy. After Ratto began making payments...

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