Great Am. Ins. Co. of N.Y. v. L. Knife & Son, Inc.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered April 20, 2015, which denied plaintiff’s motion for summary judgment declaring the insurance policy it issued to defendants void ab initio and dismissing defendants’ counterclaims, unanimously affirmed, with costs.

Plaintiff seeks to void ab initio the insurance policy it issued to defendants bn the ground that defendants misrepresented the total insurable value (TIV) of the insured premises and its contents. The motion court correctly denied plaintiff’s motion, since plaintiff failed to establish as a matter of law that…