The motion court correctly found an issue of fact as to whether plaintiff's closing of its store was necessitated by the physical damage to the store caused by the December 6, 1996 rockslide, in which event lost business income would be covered, or was made out of concern for the safety of the store and its occupants raised by the risk of future rockslides, in which event there would not be coverage (cf. Cytopath Biopsy Lab. v United States Fid. & Guar. Co.,
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WAL-MART STORES, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY
29 A.D.3d 315 (2006)
816 N.Y.S.2d 17
WAL-MART STORES, INC., Respondent-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY et al., Appellants-Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 2, 2006.
May 2, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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