Ho v. Greenwich Insurance

Order, Supreme Court, New York County (Donna M. Mills, J.), entered August 2, 2011, which, inter alia, denied the parties’ motions for summary judgment, unanimously affirmed, without costs.

In determining whether fire was the direct cause of damage to plaintiffs building, and thus whether the loss is covered, the insurer is liable for every loss which necessarily follows from the fire or arises by necessity from incidents and surrounding circumstances (see Throgs Neck Bagels v GA Ins. Co. of N.Y., 241 AD2d 66, 70 [1st Dept 1998]).

Here, however, based upon the conflicting affidavits of the…