Hoefler v. Gallery — 9 A.D.2d 718

Majority

p. 718

Frank Hoefler, Respondent, v. George G. Gallery, Respondent, and National Union Fire Insurance Co., Inc., Appellant.

Judgment and order affirmed, with costs to the plaintiff-respondent. All concur. (Appeal from a judgment of Erie Special Term awarding plaintiff summary judgment against

p. 719

defendant Rational Union Fire Ins. Co. in an action under an insurance policy written on a leasehold interest in realty. The order granted plaintiff’s motion for summary judgment against defendant Insurance Co. and denied plaintiff’s alternative motion as to defendant Gallery.) Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.