Supreme Court, Appellate Division, First Department, New York.
BURKHA ASSETS LLC, Plaintiff–Appellant,
SENECA INSURANCE COMPANY, Defendant–Respondent.
March 15, 2017.
48 N.Y.S.3d 579
Kate Maguire successfully argued before the First Department of the Appellate Division that issues of fact precluded Plaintiff's motion for summary judgment, finding that an appraisal done during assessment of the claim could not control what amounts of the loss were attributable to what causes of loss.
Attorneys and Law Firms
Lerner, Arnold & Winston, LLP, New York (Johnathan C. Lerner of counsel), for appellant.
Ken Maguire & Associates PLLC, Garden City (Katherine Maguire of counsel), for respondent.
Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered April 4, 2016, which denied plaintiff’s motion for partial summary judgment on its claim for payment under an insurance policy pursuant to an appraisal of damages due to vandalism, unanimously affirmed, without costs.
The motion court correctly determined that issues of fact exist concerning whether, notwithstanding the appraisal award, defendant was required to provide coverage in the first instance (see Matter of Delmar Box Co. [Aetna Ins. Co.], 309 N.Y. 60, 127 N.E.2d 808 ; Insurance Law § 3404).
We have considered plaintiff’s remaining arguments and find them unavailing.