1626 2ND AVE LLC v. NATIONAL SPECIALTY INS. CO., INC.

3426, 651425/14.

148 A.D.3d 529 (2017)

2017 NY Slip Op 01978

48 N.Y.S.3d 596

1626 2ND AVE LLC et al., Respondents, v. NATIONAL SPECIALTY INSURANCE CO., INC., et al., Defendants, and STARR INDEMNITY & LIABILITY CO., et al., Appellants. (And a Third-Party Action.)

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

Decided March 16, 2017.


In this action to recover losses resulting from a flood at a mixed-use building, plaintiff 1626's business interruption losses sustained due to its resulting inability to collect rent from its commercial tenant were covered under the plain terms of the relevant policy. Defendants' various theories as to why plaintiff may not recover from them are laden with factual questions and particularly inappropriate for resolution prior to the completion of discovery. Accordingly, Supreme...

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