HOWARD STORES CORP. v. LEXINGTON INS. CO.


156 A.D.2d 182 (1989)

Howard Stores Corporation, Respondent-Appellant, v. Lexington Insurance Company, Appellant-Respondent, and Schiff-Terhune, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1989


The question of whether said insurer had bound itself to provide business interruption coverage, based on any number of theories, was properly submitted to the jury. Likewise, the record substantiates the decisions by the Trial Judge (on plaintiff's motion for directed verdict) and the jury (in its verdict) that the evidence did not warrant recovery against either of the defendant brokers on theories of breach of contract...

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