Mezatesta v. Oswego Mutual Fire Insurance

Order unanimously reversed, with costs, motion granted and order dated February 13, 1976 and judgment entered thereon on July 8, 1976 vacated. Memorandum: After plaintiff’s premises had been damaged by fire he commenced this action to recover insurance proceeds due him from defendant Oswego Mutual Fire Insurance Company and defendant New York Property Insurance Underwriting Association. The jury returned a verdict of $39,300. Under the terms of the three fire policies involved the damages were to be shared proportionately by the two companies and each company’s share was less than the face…