Donrojill Realty Corp. v. Aetna Casualty & Surety Co.

In an action, inter alia, on a policy of fire insurance, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered November 9, 1976, which is in favor of defendants, upon the trial court’s dismissal of the complaint at the conclusion of the entire case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. A clause in the policy suspended liability if the insured building became "vacant or unoccupied beyond a period of sixty consecutive days”. At the trial, the parties stipulated that the fire occurred on January 27, 1975.…