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UNITED STATES FIRE INSURANCE COMPANY v. AMERICAN HOME ASSURANCE COMPANY

19 A.D.3d 191 (2005)

796 N.Y.S.2d 603

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Respondent.

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

June 14, 2005.

Giving the complaint a liberal construction and every favorable inference (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), and accepting that the question under CPLR 3211 (a) (7) is not whether plaintiff has clearly stated a cause of action but whether it has one in the first place (Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]), plaintiff has sufficiently alleged a cause of action for...

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