Legal Opinion
New York State Electric & Gas Corp. v. Lexington Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1994PublishedCited by 5 opinions
1Opinion of the Court
—Order and judgment (one paper), Supreme Court, New York County (Beverly Cohen, J.), entered on or about April 23, 1993, which, upon the parties’ cross motions for summary judgment, declared that defendant insurers properly disclaimed coverage and dismissed the complaint, unanimously modified, on the law, to delete the paragraph dismissing the complaint, and otherwise affirmed, without costs.
We agree with the IAS Court that where plaintiff deliberately removed the blower spacer component from its generating plant for diagnostic testing and preventive maintenance, the resulting downtime cannot…
2Cases cited4 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- 80 Broad Street Co. v. United States Fire InsuranceNew York Supreme Court · 1975
- A & B Enterprises, Inc. v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- 80 Broad Co. v. United States Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by5 opinions
- National Union Fire Insurance Company of Pittsburgh, Pa. v. The Stroh Companies, Inc. And the Stroh Brewery CompanyCourt of Appeals for the Second Circuit · 2001
- University of Cincinnati v. Arkwright Mutual Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995
- Wider v. Heritage Maintenance, Inc.New York Supreme Court · 2007
- Chase Manhattan Bank v. New Hampshire InsuranceNew York Supreme Court · 2002
- Cincinnati Holding Company, LLC v. Fireman's Fund Insurance CompanyDistrict Court, S.D. Ohio · 2020