Mt. Vernon Fire Insurance v. Bernstein

Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 26, 1993, which, after a jury trial, declared that defendants-appellants are liable to the plaintiff for additional insurance premiums, and afforded related relief to plaintiff, unanimously affirmed, with costs.

The IAS Court’s decision to limit the jury trial to the issue of the actual square footage of the insured premises was proper, both procedurally (see, Levitt v Lenox Hill Hosp., 184 AD2d 427, 428), and substantively. The policy does not limit plaintiff’s end-of-term earned premium adjustments to those made on…