Old Forge Successor, Inc. v. Utica Fire Insurance

Appellate Division of the Supreme Court of New York

Old Forge Successor, Inc. v. Utica Fire Insurance

271 A.D.2d 243, 714 N.Y.S.2d 659, 2000 N.Y. App. Div. LEXIS 3879

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

DecidedApril 6, 2000

StatusPublished

This text of 271 A.D.2d 243 (Old Forge Successor, Inc. v. Utica Fire Insurance) 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

Old Forge Successor, Inc. v. Utica Fire Insurance, 271 A.D.2d 243, 714 N.Y.S.2d 659, 2000 N.Y. App. Div. LEXIS 3879 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Barry Cozier, J.), entered March 24, 1999, which, to the extent appealed from as limited by the brief, denied defendant’s motion for partial summary judgment, unanimously affirmed, without costs.

Partial summary judgment was properly denied since plaintiffs examination under oath raised triable questions as to whether plaintiff owned the damaged property and, accordingly, as to whether that property was covered under the subject insurance policy, which covered losses of plaintiffs business property “installed on the insured premises and made or acquired at [plaintiff insured’s] expense.” Concur — Rosenberger, J. P., Williams, Ellerin and Saxe, JJ.

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—Order, Supreme Court, New York County (Barry Cozier, J.), entered March 24, 1999, which, to the extent appealed from as limited by the brief, denied defendant’s motion for partial summary judgment, unanimously affirmed, without costs.

Partial summary judgment was properly denied since plaintiffs examination under oath raised triable questions as to whether plaintiff owned the damaged property and, accordingly, as to whether that property was covered under the subject insurance policy, which covered losses of plaintiffs business property “installed on the insured premises and made or acquired at [plaintiff insured’s] expense.” Concur — Rosenberger, J. P., Williams, Ellerin and Saxe, JJ.

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Bluebook (online)

271 A.D.2d 243, 714 N.Y.S.2d 659, 2000 N.Y. App. Div. LEXIS 3879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/old-forge-successor-inc-v-utica-fire-insurance-nyappdiv-2000.