AM W. HOME v. GJONAJ REALTY

2018-03435. Index No. 60797/17.

192 A.D.3d 28 (2020)

138 N.Y.S.3d 626

2020 NY Slip Op 08027

AMERICAN WESTERN HOME INSURANCE COMPANY, Respondent, v. GJONAJ REALTY & MANAGEMENT CO. et al., Appellants.

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

Decided December 30, 2020.


Attorney(s) appearing for the Case

The Dauti Law Firm, P.C., New York City ( Y. Albert Dauti of counsel), for Gjonaj Realty & Management Co. and another, appellants.

Berson & Budashewitz, New York City ( Jeffrey A. Berson of counsel), for Viktor Gecaj, appellant.

Fleischner Potash LLP, White Plains ( Patti F. Potash , Alexandra E. Rigney , and Jennifer F. Mindlin of counsel), for respondent.

SCHEINKMAN, P.J., DILLON and CONNOLLY, JJ., concur.


OPINION OF THE COURT

This action presents a novel issue of law that this Court has not yet addressed—to wit, whether an insurance company, in this case, the plaintiff, American Western Home Insurance Company (hereinafter the insurance company), may recover the costs of...

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