Legal Opinion

Capizzi v. Security Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 1998No. Appeal No. 2Published

1Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Property owned by plaintiffs Frederick Capizzi and Kathleen Capizzi (Capizzis) and subject to a mortgage held by plaintiff Beneficial Finance Homeowner Service Corporation (Beneficial) sustained fire damage on April 10, 1995. The property was insured against fire loss by defendant Security Mutual Insurance Company (Security Mutual). The policy contained a standard mortgage clause providing that any loss be first payable to the mortgagee to the extent of its interest.

Afte…

2Cases cited7 opinions

  1. Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  2. Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1983
  3. Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
  4. Farmland Market Corp. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  5. Farmland Market Corp. v. North River InsuranceNew York Court of Appeals · 1985

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