Marine Midland Leasing Corp. v. Chautauqua Airlines, Inc.

— Judgment unanimously reversed on the law without costs, judgment granted in accordance with Memorandum and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: This appeal involves a dispute concerning the right to insurance proceeds paid by United States Aircraft Insurance Group (USAIG) following the total loss of an aircraft leased to defendant by plaintiff. The aircraft was destroyed by fire in January 1990. Defendant, as the insured, *644completed the proof of loss for submission to USAIG and represented that "[t]he amount of loss or damage…