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Magnolia-Broadway Corp. v. Fire Asso. of Phila.

City Court of New York, Long Beach, Nassau County

February 25, 1955

No Number in Original


 [*919]   GLANTZ, Judge. Plaintiff seeks to recover damages to its building and contents predicated on fire insurance policies with extended windstorm coverage, issued by the defendant insurance companies. The other defendants are proper and necessary parties because loss, if any, is made payable to them as mortgagees as their respective interests may appear. No personal claim is made against them.

 Pursuant to stipulation between the attorneys, the aforesaid actions were tried together, as the testimony in one case would be the same in the other cases.

 The facts are as follows:

 The plaintiff is the owner of The Concord Apartments which is a brick and steel apartment house located at 215-221 West Boardwalk and 216-222 West Broadway, in the City of Long Beach, County of Nassau, State of New York. It has a frontage of 60 feet on the Boardwalk and 60 feet on Broadway, and is 150 feet in depth. It has an entrance on Broadway and an entrance on the Boardwalk. There is also an entrance to the beach from the basement in [**2]  which are located bathing lockers, a card room, television room, lobby, the boiler and oil burner, furniture, mattresses, tools, equipment and other articles of personal property used in connection with the operation and maintenance of the building.

  [*920]  The apartments in the building are furnished and are rented on a summer seasonal basis to vacationers. After the summer season the apartment house is closed and unoccupied except for one steam heated apartment in which the superintendant resides.

 On November 6th and 7th, 1953, a severe, violent and tumultuous windstorm accompanied by heavy rain struck the City of Long Beach and a large area of the Atlantic coast. It was a windstorm of almost gale proportions. It blew off the scuttle or trap door on the roof over the stairway leading to the roof. The glass of the skylights on the roof were broken. Spanish tiles were blown off the roof. The two wooden entrance doors to the beach were broken by the wind and were thrown inward into the basement.

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137 N.Y.S.2d 918 *; 1955 N.Y. Misc. LEXIS 2587 **

MAGNOLIA-BROADWAY CORPORATION, Plaintiff, v. FIRE ASSOCIATION OF PHILADELPHIA, The National City Bank of Long Beach and Fabian Roll, Defendants. MAGNOLIA-BROADWAY CORPORATION, Plaintiff, v. ROYAL INSURANCE COMPANY, Limited, The National City Bank of Long Beach, and Fabian Roll, Defendants. MAGNOLIA-BROADWAY CORPORATION, Plaintiff, v. SPRINGFIELD FIRE & MARINE INSURANCE CO., The National City Bank of Long Beach and Fabian Roll, Defendants


insured, wind, roof, waves, windstorm, feet, hail, property covered, repairing, basement, policies, beach

Insurance Law, Policy Interpretation, Ambiguous Terms, Construction Against Insurers, General Overview, Contracts Law, Defenses, Ambiguities & Mistakes, Reasonable Expectations, Claim, Contract & Practice Issues, Ordinary & Usual Meanings, Plain Language