Burkha Assets LLC v. Seneca Insurance Co.

2017 NY Slip Op 1825, 148 A.D.3d 495, 48 N.Y.S.3d 579

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 15, 2017
• Docket: 3397 157998/15
• Status: Published

Opinion

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered April 4, 2016, which denied plaintiff’s motion for partial summary judgment on its claim for payment under an insurance policy pursuant to an appraisal of damages due to vandalism, unanimously affirmed, without costs.

The motion court correctly determined that issues of fact exist concerning whether, notwithstanding the appraisal award, defendant was required to provide coverage in the first instance (see Matter of Delmar Box Co. [Aetna Ins. Co.], 309 NY 60 [1955]; Insurance Law § 3404).

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Sweeny, J.R, Renwick, Maz-zarelli and Manzanet-Daniels, JJ.