Alfagih v. New York Property Insurance Underwriting Ass,n

Appellate Division of the Supreme Court of New York

Alfagih v. New York Property Insurance Underwriting Ass,n

188 A.D.2d 1017, 592 N.Y.S.2d 996, 1992 N.Y. App. Div. LEXIS 14854

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1992

StatusPublished

This text of 188 A.D.2d 1017 (Alfagih v. New York Property Insurance Underwriting Ass,n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alfagih v. New York Property Insurance Underwriting Ass,n, 188 A.D.2d 1017, 592 N.Y.S.2d 996, 1992 N.Y. App. Div. LEXIS 14854 (N.Y. Ct. App. 1992).

Pincite

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant’s motion to dismiss plaintiffs’ cause of action seeking to recover payment for losses sustained under the terms of their fire insurance policy. The cause of action for loss due to theft of goods, however, must be dismissed. Plaintiffs concede that no theft coverage exists under the policy. Plaintiffs also consent to the removal of Abdo Alfagih as a party plaintiff. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Lawton and Boehm, JJ.

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Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant’s motion to dismiss plaintiffs’ cause of action seeking to recover payment for losses sustained under the terms of their fire insurance policy. The cause of action for loss due to theft of goods, however, must be dismissed. Plaintiffs concede that no theft coverage exists under the policy. Plaintiffs also consent to the removal of Abdo Alfagih as a party plaintiff. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Lawton and Boehm, JJ.

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Bluebook (online)

188 A.D.2d 1017, 592 N.Y.S.2d 996, 1992 N.Y. App. Div. LEXIS 14854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfagih-v-new-york-property-insurance-underwriting-assn-nyappdiv-1992.