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SEWARD PARK v. GREATER NY. INS.

600059/01.

25 Misc.3d 772 (2009)

884 N.Y.S.2d 298

2009 NY Slip Op 29344

SEWARD PARK HOUSING CORPORATION, Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE CO., Defendant.

Supreme Court, New York County.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Anderson & Ochs, LLP, New York City, for plaintiff.

Speyer & Perlberg, LLP, Melville, and Clark, Gagliardi & Miller, P.C., White Plains, for defendant.

OPINION OF THE COURT

LOUIS B. YORK, J.

Plaintiff has moved to preclude defendant's expert, William Berkowitz, from testifying as to whether the plaintiff rebuilt the collapsed garage "as soon as reasonably possible" as required by the insurance policy. The Appellate Division had modified the court's decision with regard to this clause (43 A.D.3d 23 [2007]). It decided that the...

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