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GRUENSPECHT v. BALBOA INSURANCE COMPANY

7069, 114848/10.

93 A.D.3d 482 (2012)

939 N.Y.S.2d 850

2012 NY Slip Op 1769

MARK GRUENSPECHT, Respondent, v. BALBOA INSURANCE COMPANY et al., Appellants.

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

Decided March 13, 2012.

Accepting the allegations in the complaint as true and resolving all inferences in plaintiff's favor on this motion to dismiss (see generally Leon v Martinez, 84 N.Y.2d 83, 87 [1994]), the complaint sufficiently states a cause of action for recovery of consequential damages arising from defendants' failure to adjust and pay plaintiff's claim for flood damage to his home in a timely and good-faith manner (see Bi-Economy Mkt., Inc...

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