Albino Linoleum & Carpet Service, Inc. v. Utica Fire Insurance

Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: In this action to recover under a fire insurance policy for loss by reason of business interruption resulting from a fire in plaintiff’s premises on October 15, 1964, it appears that before suit was brought defendants-respondents paid to plaintiff-appellant its loss with respect to the building and contents, and did not deny liability' for some business interruption loss, the only question being the amount thereof. In December, 1964 plaintiff filed a proof of business interruption loss “subject to. revision”…