Cohen v. Republic Insurance

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed, without costs, and claim dismissed.

In this small claims matter, in which plaintiff appeared pro se, the defendant insurance company refused to pay his claim *484for replacement of a burned kitchen counter top in his cooperative apartment. The insurance policy only covers personal property owned or used by the insured and the insurance company contended that the counter top was a fixture and part of the realty which would not be covered instead of retaining its character as personal property.

In our view, the kitchen cabinet counter top…