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BI-ECONOMY v. HARLEYSVILLE

10 N.Y.3d 187 (2008)

886 N.E.2d 127

856 N.Y.S.2d 505

BI-ECONOMY MARKET, INC., Appellant, v. HARLEYSVILLE INSURANCE COMPANY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Lipsitz & Ponterio, LLC, Buffalo (Kathleen A. Burr and John Ned Lipsitz of counsel), for appellant.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Michael F. Chelus and Christopher R. Poole of counsel), for respondents.

Wilkofsky, Friedman, Karel & Cummins, New York City (Mark L. Friedman of counsel), for New York Public Adjusters Association, amicus curiae.

Anderson Kill & Olick, P.C., New York City (Eugene R. Anderson and Richard P. Lewis of counsel), and Amy Bach, Mill Valley, California, for United Policyholders, amicus curiae.

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Michael A. Troisi and Michael P. Versichelli of counsel), for New York Insurance Association and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

PIGOTT, J.

In this action brought by an insured against an insurer for breach of a commercial property insurance contract, the principal issue presented is whether the insured can assert a claim for consequential damages. Under the circumstances of this case, we hold that it can.*

I.

Bi-Economy Market, a family-owned wholesale and retail meat market located in Rochester, New York, suffered...

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