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THOMAS S. GERSTNER FAMILY LTD. P'SHIP NO. 1 v. CHUBB & SON, INC.

209 A.D.2d 989 (1994)

619 N.Y.S.2d 988

Thomas S. Gerstner Family Limited Partnership No. 1, as Successor in Interest to Thomas Gerstner, Respondent, v. Chubb and Son, Inc., et al., Appellants

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

November 16, 1994

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for partial summary judgment. The unrefuted evidence establishes that the paintings insured by the policy that is the subject of this lawsuit were purchased with funds from Thomas Gerstner's partnership with Mark Skirvin. Thomas Gerstner thereby established that he would derive a pecuniary benefit from the preservation of the paintings or suffer a pecuniary...

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