Legal Opinion
Grady v. Utica Mutual Insurance
New York Supreme Court
Decided May 11, 1978Published
1Opinion of the Court
OPINION OF THE COURT
Howard E. Levitt, J.
The within motion for summary judgment pursuant to CPLR 3212 is disposed of as hereinafter set forth.
The facts in this case are not in dispute. A policy of insurance was issued on a house located in Richmond Hills, New York, in the amount of $40,000 by the defendant Utica Mutual Insurance Company (Utica) to the defendants Dominick and Josephine Di Martino (Di Martino), with a loss pay*559able clause to the plaintiff as mortgagee. Plaintiff, as assignee of a first mortgage securing a bond in the face amount of $26,500, obtained a judgment of foreclosure and…
2Cases cited9 opinions
- Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Roher v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1972
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