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SEWARD PARK HOUS. CORP. v. GREATER NY MUT. INS. CO.

600059/01

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, NY, Attorneys for Plaintiff.

Speyer & Perlberg, Esqs., Clark, Gagliardi & Miller, Esqs., White Plains, NY, Melville, NY, Attorneys for Defendant.

LOUIS B. YORK, J.

Plaintiff has moved to preclude defendant's expert, William Berkowitz, to testify 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. It decided that the Court had erred in finding that the defendant insurance company had repudiated the insurance policy and remanded on the issue,

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