Vendriesco v. Aetna Casualty & Surety Co.

Appeal from-an order of the Supreme Court at Special Term, entered September 8, 1977 in Greene County, which denied plaintiffs’ motion to dismiss defendant’s second affirmative defense. The issue to be resolved on this appeal is the extent of the insurable interest on improvements to real property made by a lessee in possession with an option to purchase. Plaintiffs operated a motel and restaurant under a lease running from September 3, 1975 to September 30, 1976, with an option to buy if they so exercised that option in writing prior to the expiration date of the lease. During the term they…