Kronos Films, Inc. v. Insurance of the State of Pennsylvania

Appellate Division of the Supreme Court of New York

Kronos Films, Inc. v. Insurance of the State of Pennsylvania

86 A.D.2d 888, 447 N.Y.S.2d 527, 1982 N.Y. App. Div. LEXIS 15542

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

DecidedFebruary 22, 1982

StatusPublished

Cited by2 cases

This text of 86 A.D.2d 888 (Kronos Films, Inc. v. Insurance of the State of Pennsylvania) 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

Kronos Films, Inc. v. Insurance of the State of Pennsylvania, 86 A.D.2d 888, 447 N.Y.S.2d 527, 1982 N.Y. App. Div. LEXIS 15542 (N.Y. Ct. App. 1982).

Pincite

Opinion

In an action to recover on a fire insurance policy, the defendant insurance company appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated July 2, 1981, as granted that branch of plaintiff’s motion which sought to strike defendant’s first and seventh affirmative defenses. Order modified, on the law, by deleting the second decretal paragraph, which granted the motion as to defendant’s seventh affirmative defense, and substituting a provision denying the motion as to that defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The stay contained in this court’s order dated July 30,1981 is vacated. On this record, it cannot be said that, as a matter of law, no triable issue of fact exists as to whether the fire at plaintiff’s business premises occurred while the hazard was increased by means within the control or knowledge of the insured (see V. F. V. Constr. Co. v Aetna Ins. Co., 56 AD2d 598; cf. Anderson v General Acc. Fire & Life Assur. Corp., 58 AD2d 568). We have considered defendant’s remaining contention and find it to be without merit. Titone, J. P., Gibbons, Weinstein and Rubin, JJ., concur.

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In an action to recover on a fire insurance policy, the defendant insurance company appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated July 2, 1981, as granted that branch of plaintiff’s motion which sought to strike defendant’s first and seventh affirmative defenses. Order modified, on the law, by deleting the second decretal paragraph, which granted the motion as to defendant’s seventh affirmative defense, and substituting a provision denying the motion as to that defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The stay contained in this court’s order dated July 30,1981 is vacated. On this record, it cannot be said that, as a matter of law, no triable issue of fact exists as to whether the fire at plaintiff’s business premises occurred while the hazard was increased by means within the control or knowledge of the insured (see V. F. V. Constr. Co. v Aetna Ins. Co., 56 AD2d 598; cf. Anderson v General Acc. Fire & Life Assur. Corp., 58 AD2d 568). We have considered defendant’s remaining contention and find it to be without merit. Titone, J. P., Gibbons, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

86 A.D.2d 888, 447 N.Y.S.2d 527, 1982 N.Y. App. Div. LEXIS 15542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kronos-films-inc-v-insurance-of-the-state-of-pennsylvania-nyappdiv-1982.

Opinion

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