Di Costanzo v. Allstate Insurance

Judgment, Supreme Court, New York County, entered November 3, 1977, in favor of plaintiffs in the amount of .$147,360.74, reversed, on the law, with costs, and complaint dismissed. Defendant appeals from a judgment in favor of the plaintiffs following a jury trial in an action to recover on an alleged contract of fire insurance. As here pertinent, plaintiffs owned two properties, one at McLean Avenue, Yonkers, New York, and the second at Bronx River Road, Yonkers, New York. In 1972, at the request of plaintiffs’ son, Nicholas M. Di Costanzo (Nicholas), an attorney, defendant’s agent, Bassik,…