Legal Opinion

Andersson v. Franklin Society Federal Savings & Loan Ass'n

New York Supreme Court

Decided March 22, 1963Published

1Opinion of the CourtAnthony M. Livoti, J.

Motion by defendant and cross motion by plaintiffs for summary judgment in an action for declaratory judgment.

The material facts are undisputed. Plaintiffs are the owners of certain real property on which defendant holds a first mortgage as extended by agreement dated January 12, 1960, wherein plaintiffs agreed in part to keep the property insured against loss by fire and other hazards “in a company or companies satisfactory to” the defendant and also agreed that ” All insurance shall be carried in companies approved by” the defendant.

Plaintiffs sought to substitute a fire insurance policy…

2Cases cited6 opinions

  1. Manhattan Storage & Warehouse Co. v. Movers & Warehousemen's Ass'n of Greater New York, Inc.New York Court of Appeals · 1942
  2. Federal Waste Paper Corp. v. Garment Center Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
  3. Federal Waste Paper Corp. v. Garment Center Capitol, Inc.New York Court of Appeals · 1945
  4. Wynkoop Hallenbeck Crawford Co. v. Western Union Telegraph Co.New York Court of Appeals · 1935
  5. Peekskill Theatre, Inc. v. Advance Theatrical Co.Appellate Division of the Supreme Court of the State of New York · 1923

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