Gansevoort Holding Corp. v. Palatine Insurance

In an action brought against insurance companies to recover for damage to corporate plaintiff’s building and for loss of rent sustained as the result of a fire, defendants have moved for summary judgment dismissing the complaint and plaintiff has countered by requesting the court to strike all affirmative defenses with a direction for an assessment. The affirmative defenses relate principally to an appraisal award, the amount of which was tendered to but rejected by plaintiff, which then commenced this action.

After proof of loss was filed the insurers demanded an appraisal as provided in the…