Opinion
March 21, 2000
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about December 18, 1998, inter alia, denying defendant-appellant's cross motion for summary judgment, unanimously affirmed, without costs.
Johnathan C. Lerner, for plaintiff-respondent.
Nancy D. Lyness, for defendant-appellant.
ROSENBERGER, J.P., WILLIAMS, ELLERIN, SAXE, JJ.
The subject policy of insurance issued by defendant insurer to plaintiff jewelry manufacturer limits the insurer's liability thereunder for loss occasioned by the theft of the insured's "pattern[s]" to $2500. Because it is not clear, as a matter of law, that limitation should apply where the insured's loss is attributable to theft of its jewelry "model[s]", summary judgment was properly denied. The affidavits of jewelry manufacturers submitted by plaintiff were sufficient to raise a triable question as to whether the terms "model" and "pattern", when understood from the insured's perspective as a jewelry manufacturer, were, in fact, interchangeable as defendant-appellant contends.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.