Fahrenholz v. Security Mutual Insurance

Appeals from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 24, 2003. The order granted that part of defendants’ motions for summary judgment dismissing the complaint with respect to the first $45,000 of plaintiffs claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motions are denied in their entirety.

Memorandum:

In March 1999, fire destroyed a commercial *1086rental property owned by plaintiff and insured under a policy issued by defendant Security Mutual Insurance Company…