OLD FORGE SUCCESSOR, INC. v. UTICA FIRE INSURANCE COMPANY OF ONEIDA COUNTY, NEW YORK


271 A.D.2d 243 (2000)

714 N.Y.S.2d 659

OLD FORGE SUCCESSOR, INC., Respondent, v. UTICA FIRE INSURANCE COMPANY OF ONEIDA COUNTY, NEW YORK, Appellant.

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

Decided April 6, 2000.


Partial summary judgment was properly denied since plaintiff's examination under oath raised triable questions as to whether plaintiff owned the damaged property and, accordingly, as to whether that property was covered under the subject insurance policy, which covered losses of plaintiff's business property "installed on the insured premises and made or acquired at [plaintiff insured...

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