TENTH AVE., LLC v. ASPEN AMERICAN INSURANCE COMPANY

Index No. 152935/18. Appeal No. 15165. Case No. 2021-01534.

201 A.D.3d 613 (2022)

157 N.Y.S.3d 724

2022 NY Slip Op 00527

Tenth Avenue, LLC, Respondent, v. Aspen American Insurance Company, Appellant.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Gennet Kallmann Antin, Sweetman & Nichols, P.C., New York ( Donald G. Sweetman of counsel), for appellant.

Law Office of Craig A. Blumberg, New York ( Craig A. Blumberg of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Defendant provided a commercial property insurance policy to plaintiff which excluded coverage for "theft by any person to whom you entrust the property for any purpose." Plaintiff suffered losses as a result of conduct by its tenant, to whom the property had been entrusted. However, defendant failed to establish that plaintiff's loss resulted entirely from theft by plaintiff's tenant, and therefore could be subject to the policy exclusion (see generally Consolidated Edison...

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