Bergen Street Properties Corp. v. New York Property Insurance Underwriting Ass'n

Appellate Division of the Supreme Court of New York

Bergen Street Properties Corp. v. New York Property Insurance Underwriting Ass'n

82 A.D.2d 817, 439 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 14484

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

DecidedJune 8, 1981

StatusPublished

This text of 82 A.D.2d 817 (Bergen Street Properties Corp. 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.

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Bergen Street Properties Corp. v. New York Property Insurance Underwriting Ass'n, 82 A.D.2d 817, 439 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 14484 (N.Y. Ct. App. 1981).

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Opinion

In an action on a fire insurance policy, defendant appeals from a judgment of the Supreme Court, [818]*818Kings County (Beckinella, J.), entered August 12, 1980, which is in favor of plaintiff in the principal sum of $72,000, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In light of plaintiff’s attorney’s proclivity for making prejudicial comments, it was error to deny defendant’s request to record plaintiff’s closing statement to the jury (see Roman v Bronx-Lebanon Hosp. Center, 51 AD2d 529, 530; Croix v New York City Tr. Auth., 28 AD2d 691). It was also error for the court to dismiss the affirmative defense of fraud, as the evidence established a question of fact for the jury (see Saks & Co. v Continental Ins. Co., 23 NY2d 161). Hopkins, J.P.„ Gibbons, O’Connor and Thompson, JJ.,.concur.

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In an action on a fire insurance policy, defendant appeals from a judgment of the Supreme Court, [818]*818Kings County (Beckinella, J.), entered August 12, 1980, which is in favor of plaintiff in the principal sum of $72,000, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In light of plaintiff’s attorney’s proclivity for making prejudicial comments, it was error to deny defendant’s request to record plaintiff’s closing statement to the jury (see Roman v Bronx-Lebanon Hosp. Center, 51 AD2d 529, 530; Croix v New York City Tr. Auth., 28 AD2d 691). It was also error for the court to dismiss the affirmative defense of fraud, as the evidence established a question of fact for the jury (see Saks & Co. v Continental Ins. Co., 23 NY2d 161). Hopkins, J.P.„ Gibbons, O’Connor and Thompson, JJ.,.concur.

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Bluebook (online)

82 A.D.2d 817, 439 N.Y.S.2d 439, 1981 N.Y. App. Div. LEXIS 14484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergen-street-properties-corp-v-new-york-property-insurance-underwriting-nyappdiv-1981.

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