Badillo v. Tower Insurance

Order, Supreme Court, New York County (Carol Huff, J.), entered on or about January 24, 1997, denying plaintiffs’ motion for summary judgment, unanimously reversed, on the law, with costs, and summary judgment granted.

On April 12, 1994, plaintiffs’ tenant 75-27 B&F Supermarket, Inc., which was insured by defendant Tower, sustained a fire loss to its premises in Flushing. B&F submitted a sworn proof-of-loss to Tower, wherein it represented that there were no encumbrances on the destroyed property, and that no one else had an interest therein. Without independently checking the veracity of this…