East Tremont Management & Development Agency, Inc. v. New York Property Insurance Underwriting Ass'n

OPINION OF THE COURT

Jacqueline W. Silbermann, J.

This is a motion by plaintiff for an order striking the first affirmative defense of defendant New York Property Insurance Underwriting Association alleging a waiver of coverage upon the ground that the premises involved in this action were vacant for a period of 60 consecutive days.

The plaintiff is the owner of a building located at 931 East 180th Street, Bronx, New York. Contained within such building are two stores, a dry cleaning establishment and a supermarket.

On July 18, 1978, while a policy of fire insurance written by defendant New York…