XL Specialty Insurance v. Christie's Fine Art Storage Services, Inc.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered September 24, 2014, which, to the extent appealed from, granted defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff is the insurer for Chowaiki & Co. Fine Art Ltd., a private fine art gallery. In February 2011, Chowaiki entered into a one-year managed storage agreement with defendant, Christie’s Fine Art Storage Services, Inc., wherein defendant was to provide secure storage for certain of Chowaiki’s fine art works at its facility in the Red Hook…