Rodolitz Realty Corp. v. Cosmopolitan Mutual Insurance

Judgment, Supreme Court, New York County, entered April 20, 1978, in plaintiffs favor, unanimously reversed, on the law, with costs to abide the event, and the matter remanded for a new trial. In its charge the court limited recovery to only those damaged forklifts whose serial numbers were listed in the bill of particulars. Although the bill of particulars’ enumeration of the serial numbers of the damaged forklifts matched only one of the lifts damaged in the fire, defendant’s own proof showed that all three damaged forklifts were covered by the policy. The motion to conform the pleadings to…