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776 S. Orange Ave., Inc. v. Phoenix Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1973
42 A.D.2d 521 (N.Y. App. Div. 1973)

Opinion

June 7, 1973


Judgment, Supreme Court, New York County, entered on March 3, 1972, dismissing the complaint as to all defendants, unanimously modified, on the law, so as to reinstate the complaint as to defendant Rudges Company only, and otherwise affirmed, without costs and without disbursements. In our view the evidence established a prima facie case against the insurance broker, defendant-respondent Rudges Company. Plaintiff-appellant has shown sufficient facts to indicate a course of conduct by Rudges Company that lulled appellant into a false sense of security, caused appellant to continue its renovations and improvements of the insured premises, all leading to the inaugural opening of its restaurant. (Cf. Joseph, Inc. v. Alberti, Carleton Co., 255 App. Div. 115, affd. 251 N.Y. 580; MacDonald v. Carpenter Pelton, 31 A.D.2d 952.) Appellant is entitled to a determination on the merits of its claim that Rudges Company continuously misrepresented the status of appellant's fire insurance coverage, causing appellant to act to its detriment, not only with respect to the physical premises, but also with respect to seeking insurance coverage elsewhere. (See Joseph, Inc. v. Alberti, Carleton Co., Inc., supra.) In holding that a prima facie case had been made out, we neither indicate nor express any opinion whatsoever on the ultimate disposition of the case on the merits.

Concur — Nunez, J.P., Kupferman, Lane, Tilzer and Capozzoli, JJ.


Summaries of

776 S. Orange Ave., Inc. v. Phoenix Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1973
42 A.D.2d 521 (N.Y. App. Div. 1973)
Case details for

776 S. Orange Ave., Inc. v. Phoenix Ins. Co.

Case Details

Full title:776 SOUTH ORANGE AVENUE, INC., Appellant, v. PHOENIX INSURANCE COMPANY et…

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

Date published: Jun 7, 1973

Citations

42 A.D.2d 521 (N.Y. App. Div. 1973)
345 N.Y.S.2d 947

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