Howard Stores Corp. v. Lexington Ins. Co.

Full title: HOWARD STORES CORPORATION, Respondent-Appellant, v. LEXINGTON INSURANCE…

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

Date published: Dec 7, 1989

156 A.D.2d 182 (N.Y. App. Div. 1989)

548 N.Y.S.2d 226

Opinion

December 7, 1989

Appeal from the Supreme Court, New York County (Carol Arber, J.).

The question of whether said insurer had bound itself to provide business interruption coverage, based on any number of theories, was properly submitted to the jury. Likewise, the record substantiates the decisions by the Trial Judge (on plaintiff's motion for directed verdict) and the jury (in its verdict) that the evidence did not warrant recovery against either of the defendant brokers on theories of breach of contract or negligence.

Concur — Ross, J.P., Asch, Milonas, Kassal and Smith, JJ.