Bolger v. Davis

Order unanimously affirmed with costs, in accordance with the following memorandum: Plaintiff Bolger sued defendant insurer seeking to recover for real and personal property loss resulting from a fire in January 1980. The court found that she had an insurable life interest in the real property, and that her damages should be calculated by multiplying her life use factor by the actual cash value of the real property loss. Judgment was entered on September 9, 1983. Plaintiff’s appeal from that judgment was dismissed on June 6, 1985 for failure to perfect her appeal. Plaintiff then moved before…