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RENAISSANCE 21 INC. v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION

257 A.D.2d 614 (1999)

684 N.Y.S.2d 287

RENAISSANCE 21 INC., Respondent, v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION, Appellant.

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

Decided January 19, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff succeeded in demonstrating prima facie its entitlement to judgment as a matter of law for payment under the subject policy by establishing that it suffered a loss of business personal property which was "in the open * * * within 100 feet of the [insured] premises" (see generally, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Winegrad v New York Univ. Med. Ctr.,<...

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