Legal Opinion

304 Meat Corp. v. New York Property Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1992PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Robert E. White, J.), entered on or about July 2, 1991, in an action to recover on a fire insurance policy, which, granted defendant’s motion for summary judgment, unanimously affirmed, without costs.

Defendant insurer’s burden of showing plaintiff insured’s lack of cooperation while "a heavy one indeed” (Thrasher v United States Liab. Ins. Co., 19 NY2d 159, 168), was met here upon proof of plaintiff’s evasive or unsupported claims concerning the availability of various relevant items of information demanded by defendant, including the address of its…

2Cases cited4 opinions

  1. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  2. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
  3. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
  4. Pioneer Food Stores Cooperative, Inc. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Levy v. Chubb InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  2. Double G.G. Leasing, LLC v. Underwriters at Lloyd's, LondonConnecticut Appellate Court · 2009
  3. Utica Mutual Insurance v. GruzlewskiAppellate Division of the Supreme Court of the State of New York · 1995
  4. Rosetti v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Anthony Sicari, Inc. v. Fireman's Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1994

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