Legal Opinion
Burke v. State Farm Fire & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2013Published
1Opinion of the Court
In an action to recover the proceeds of a rental dwelling insurance policy, the defendant appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated October 24, 2011, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.
In November 2007, the plaintiffs sold certain real property to Irving Development Corp. (hereinafter Irving), and held a purchase money mortgage in the amount of $400,000. Irving secured a rental…
2Cases cited4 opinions
- Moke Realty Corp. v. Whitestone Savings & Loan Ass'nNew York Supreme Court · 1975
- Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1983
- Sportsmen's Park, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
- Washington Mutual Bank, F.A. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2008