Keyspan Gas East Corp. v. Munich Reinsurance America

2017 NY Slip Op 3458, 150 A.D.3d 408, 51 N.Y.S.3d 392

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 2, 2017
• Docket: 3878 604715/97
• Status: Published

Opinion

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 16, 2016, which denied defendant Century Indemnity Company’s motion pursuant to CPLR 4404 for judgment notwithstanding the verdict or a new trial, unanimously affirmed, with costs.

The jury’s conclusions that plaintiff’s notice of occurrence to defendant was timely, that the property damage began in 1905, and that insurance was only available in the market between 1933 and 1986, are supported by sufficient evidence and are not against the weight of the evidence (see Cohen v Hallmark Cards, 45 NY2d 493, 498-499 [1978]).

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

Concur—Acosta, J.R, Mazzarelli, Manzanet-Daniels and Webber, JJ.