Henderson v. Aetna Casualty & Surety Co.

— Appeal from an order of the Supreme Court at Special Term, entered March 27, 1980 in Albany County, which (1) granted defendant’s motion to renew and reargue its prior motion which sought an order dismissing plaintiff’s complaint, and (2) adhered to its original decision denying the motion to dismiss. Plaintiff *703operated a tavern on premises he leased from Peter Rezey. Defendant had issued a fire insurance policy to plaintiff. A fire occurred and defendant, pursuant to the terms of the policy, paid plaintiff some $12,500 in full satisfaction of the claim. Plaintiff then executed a…