Legal Opinion

Seward Park Housing Corp. v. Greater New York Mutual Insurance

New York Supreme Court

Decided July 21, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Louis B. York, J.

*774Plaintiff has moved to preclude defendant’s expert, William Berkowitz, from testifying as to whether the plaintiff rebuilt the collapsed garage “as soon as reasonably possible” as required by the insurance policy. The Appellate Division had modified the court’s decision with regard to this clause (43 AD3d 23 [2007]). It decided that the court had erred in finding that the defendant insurance company had repudiated the insurance policy and remanded on the issue, inter alia, whether the garage was rebuilt as soon as reasonably possible. Defendant has…

2Cases cited11 opinions

  1. Messenger v. AndersonSupreme Court of the United States · 1912
  2. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  3. De Long v. County of ErieNew York Court of Appeals · 1983
  4. People v. EvansNew York Court of Appeals · 2000
  5. Monfils v. TaylorCourt of Appeals for the Seventh Circuit · 1998

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3Cited by1 opinion

  1. Seward Park Housing Corp. v. Greater New York Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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