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McLAUGHLIN v. STATE FARM FIRE & CAS. CO.

255 A.D.2d 298 (1998)

679 N.Y.S.2d 324

Joseph McLaughlin, Respondent, v. State Farm Fire and Casualty Company, Appellant

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

November 2, 1998

Ordered that the order is affirmed, with costs.

The defendant failed to submit any admissible evidence suggesting that the plaintiff's chimney collapsed under suspicious circumstances and that the plaintiff had a possible motive in arranging for the collapse of the structure (cf., Maurice v Allstate Ins. Co., 173 A.D.2d 793). Accordingly, the defendant failed to show that the plaintiff's financial situation was material...

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