Playhouse Theatre, Inc. v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York

Playhouse Theatre, Inc. v. United States Fidelity & Guaranty Co.

23 A.D.2d 545, 256 N.Y.S.2d 143, 1965 N.Y. App. Div. LEXIS 4933

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

DecidedFebruary 4, 1965

StatusPublished

This text of 23 A.D.2d 545 (Playhouse Theatre, Inc. v. United States Fidelity & Guaranty Co.) 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

Playhouse Theatre, Inc. v. United States Fidelity & Guaranty Co., 23 A.D.2d 545, 256 N.Y.S.2d 143, 1965 N.Y. App. Div. LEXIS 4933 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on May 22, 1964, granting plaintiff’s motion for summary judgment against the defendant, United States Fidelity & Guaranty Company, and directing an assessment of damages, unanimously affirmed, with $30 'costs and disbursements to respondent. The language of the policy renders the defendant-carrier liable to the plaintiff assured for the “ rental value ” of such portions of the latter’s theatre rendered untenantable by reason of a fire which is one of the enumerated perils covered by the policy. The theatre having been rendered untenantable by reason of a fire there only remains to be determined the amount of the loss of “rental value” sustained by plaintiff. Since the policy provides for compensation “ whether [the premises are] rented at the time or not”, it is of n'6 consequence that the theatre was untenanted at the time of the fire. Nor does the claim that there is a triable issue as to whether plaintiff sustained any damages caused by the fire — unlike the rule applicable in negligence actions (Rubin v. Andino, 11 A D 2d 663) — bar the granting of summary judgment in this action considering the language of the policy on which it is based. Concur — Botein, P. J., Breitel, Rabin, Stevens 'and Staley, JJ.

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Order, entered on May 22, 1964, granting plaintiff’s motion for summary judgment against the defendant, United States Fidelity & Guaranty Company, and directing an assessment of damages, unanimously affirmed, with $30 'costs and disbursements to respondent. The language of the policy renders the defendant-carrier liable to the plaintiff assured for the “ rental value ” of such portions of the latter’s theatre rendered untenantable by reason of a fire which is one of the enumerated perils covered by the policy. The theatre having been rendered untenantable by reason of a fire there only remains to be determined the amount of the loss of “rental value” sustained by plaintiff. Since the policy provides for compensation “ whether [the premises are] rented at the time or not”, it is of n'6 consequence that the theatre was untenanted at the time of the fire. Nor does the claim that there is a triable issue as to whether plaintiff sustained any damages caused by the fire — unlike the rule applicable in negligence actions (Rubin v. Andino, 11 A D 2d 663) — bar the granting of summary judgment in this action considering the language of the policy on which it is based. Concur — Botein, P. J., Breitel, Rabin, Stevens 'and Staley, JJ.

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Bluebook (online)

23 A.D.2d 545, 256 N.Y.S.2d 143, 1965 N.Y. App. Div. LEXIS 4933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/playhouse-theatre-inc-v-united-states-fidelity-guaranty-co-nyappdiv-1965.