Aimatop Restaurant, Inc. v. Liberty Mutual Fire Insurance

Order, Supreme Court, New York County, entered October 5, 1979, which granted plaintiffs motion for summary judgment, to the extent of determining liability in plaintiffs favor and setting this matter down for assessment of damages, unanimously reversed, on the law, and the motion *517for summary judgment denied, with costs and disbursements. This is an action by the owner and operator of a diner to recover on a fire insurance policy for losses from an explosion and fire at the insured diner. At the end of a jury trial, after motions by both sides for a directed verdict had been denied, the trial…