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Kahan Industries v. United Pacific Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 546 (N.Y. App. Div. 1987)

Opinion

June 8, 1987

Appeal from the Supreme Court, Kings County (Lodato, J.).


Ordered that the order is affirmed, with costs.

The evidence submitted by the parties on the plaintiff's motion to dismiss the respondent's affirmative defenses and for partial summary judgment shows the existence of issues of fact as to whether the plaintiff's president was involved in the setting of the fires at his place of business and, therefore, whether the respondent is liable to its insured (see, R.C.S. Farmers Mkts. Corp. v Great Am. Ins. Co., 56 N.Y.2d 918; Gallo Painting v Aetna Ins. Co., 49 A.D.2d 746; Supreme Automotive Mfg. Corp. v Continental Cas. Co., 97 A.D.2d 700). The motion was, therefore, properly denied (see, Wertheimer v New York Prop. Ins. Underwriting Assn., 85 A.D.2d 540; Suslensky v Metropolitan Life Ins. Co., 180 Misc. 624, affd 267 App. Div. 812, lv denied 270 App. Div. 819). Mangano, J.P., Brown, Eiber and Harwood, JJ., concur.


Summaries of

Kahan Industries v. United Pacific Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 546 (N.Y. App. Div. 1987)
Case details for

Kahan Industries v. United Pacific Ins. Co.

Case Details

Full title:KAHAN INDUSTRIES, INC., Appellant, v. UNITED PACIFIC INSURANCE COMPANY OF…

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

Date published: Jun 8, 1987

Citations

131 A.D.2d 546 (N.Y. App. Div. 1987)

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