Legal Opinion

Enden v. Nationwide Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1996PublishedCited by 1 opinion

1Opinion of the Court

*516The testimony of the plaintiffs’ witnesses at trial, as well as their incomplete business records, raised crucial questions of fact regarding whether in the first instance the plaintiffs suffered a loss of business income/property by means of a burglary, and/or whether any such alleged loss amounted to as much as $75,000, which was the full face amount of the commercial insurance policy at issue. Since it cannot be said that the jury could not have found for the defendant by any rational process, it was error for the trial court to grant the plaintiffs’ motion for judgment as a matter of law…

2Cases cited1 opinion

  1. Dolitsky v. Bay Isle Oil Co.Appellate Division of the Supreme Court of the State of New York · 1985

3Cited by1 opinion

  1. Enden v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

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