V.M.V. MANAGEMENT CO., INC. v. PEERLESS INSURANCE


15 A.D.3d 647 (2005)

791 N.Y.S.2d 136

V.M.V. MANAGEMENT CO., INC., et al., Respondents, v. PEERLESS INSURANCE, Appellant, et al., Defendant.

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

February 28, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant moved, inter alia, for summary judgment dismissing the complaint on the ground that the plaintiffs breached the cooperation clause of the subject insurance policy when they failed to provide documents and information regarding their financial condition at the time of the loss. The Supreme Court properly denied that branch of the appellant's motion which was based upon an alleged...

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