Kahan Industries, Inc. v. United Pacific Insurance

In an action, inter alia, to recover damages for breach of a fire insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Lodato, J.), entered October 16, 1986, which denied its motion to dismiss the *547respondent’s affirmative defenses and for partial summary judgment.

Ordered that the order is affirmed, with costs.

The evidence submitted by the parties on the plaintiff’s motion to dismiss the respondent’s affirmative defenses and for partial summary judgment shows the existence of issues of fact as to whether the plaintiff’s president was involved in the setting…