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Clemente v. Interboro Ins. Co.

Supreme Court, Appellate Division, Second Department, New York.
Mar 12, 2014
115 A.D.3d 699 (N.Y. App. Div. 2014)

Opinion

2014-03-12

Dennis CLEMENTE, et al., respondents, v. INTERBORO INSURANCE COMPANY, appellant.

Picciano & Scahill, P.C., Westbury, N.Y. (Francis J. Scahill and Keri A. Wehrheim of counsel), for appellant. Weg and Myers, P.C., New York, N.Y. (William H. Parash of counsel), for respondents.


Picciano & Scahill, P.C., Westbury, N.Y. (Francis J. Scahill and Keri A. Wehrheim of counsel), for appellant. Weg and Myers, P.C., New York, N.Y. (William H. Parash of counsel), for respondents.

In an action, inter alia, to recover damages for breach of an insurance contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered May 23, 2013, as denied that branch of its motion which was pursuant to CPLR 3124 to compel disclosure of documents requested in item numbers 1 and 2 of its supplemental demand for discovery and inspection dated September 10, 2012.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3124 to compel disclosure of documents requested in item numbers 1 and 2 of its supplemental demand for discovery and inspection dated September 10, 2012, is granted.

The Supreme Court should have granted that branch of the defendant's motion which was pursuant to CPLR 3124 to compel the plaintiffs to provide copies of those portions of their bank statements which listed the locations and dates of their debit card and ATM transactions for the period from January 1, 2010, through June 6, 2011. This information was material and necessary, inter alia, with respect to the issue of whether the insured property was the plaintiffs' primary residence ( see Allen v. Crowell–Collier Publ. Co., 21 N.Y.2d 403, 406–407, 288 N.Y.S.2d 449, 235 N.E.2d 430;Dore v. Allstate Indem. Co., 264 A.D.2d 804, 805, 695 N.Y.S.2d 422;Schneider v. Barash, 170 A.D.2d 319, 566 N.Y.S.2d 39). MASTRO, J.P., HALL, AUSTIN, SGROI and DUFFY, JJ., concur.


Summaries of

Clemente v. Interboro Ins. Co.

Supreme Court, Appellate Division, Second Department, New York.
Mar 12, 2014
115 A.D.3d 699 (N.Y. App. Div. 2014)
Case details for

Clemente v. Interboro Ins. Co.

Case Details

Full title:Dennis CLEMENTE, et al., respondents, v. INTERBORO INSURANCE COMPANY…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 12, 2014

Citations

115 A.D.3d 699 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 1573
981 N.Y.S.2d 581