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HARRINGTON v. AMICA INS. CO.

223 A.D.2d 222 (1996)

645 N.Y.S.2d 221

Alan M. Harrington, Appellant, v. Amica Mutual Insurance Company, Respondent

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

July 12, 1996

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes, L. L. P., Syracuse (Thomas J. Finn of counsel), for appellant.

Hancock & Estabrook, L. L. P., Syracuse (Janet D. Callahan of counsel), for respondent.

DENMAN, P. J., BALIO and BOEHM, JJ., concur with WESLEY, J.; GREEN, J., dissents in a separate opinion.

WESLEY, J.

This case presents an issue of first impression in New York, whether the replacement cost provisions of a homeowner's insurance policy require an insured to rebuild his home before he can recover on a claim for that cost. We hold that they do.

I

The essential facts are not in dispute. In February 1977 plaintiff, Alan M. Harrington, purchased a home at 3610 Oran Delphi Road in the...

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