Legal Opinion
Rector St. Food Enterprises, Ltd. v. Fire & Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 2006PublishedCited by 14 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered October 3, 2005, which, after a nonjury trial, dismissed the complaint, unanimously affirmed, without costs.
The subject policy specifically defined its additional coverage for collapse with respect to buildings as meaning “an abrupt falling down or caving in” and provided that “[a] building that is standing is not considered to be in a state of collapse even if *178it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.”
Here, the trial evidence demonstrated…
2Cases cited4 opinions
- Graffeo v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1964
- American Home Assurance Co. v. Employers MutualAppellate Division of the Supreme Court of the State of New York · 1980
- Weiss v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
- American Home Assurance Co. v. Employers MutualNew York Court of Appeals · 1981
3Cited by14 opinions
- Dalton v. Harleysville Worcester Mutual InsuranceCourt of Appeals for the Second Circuit · 2009
- Malbco Holdings, LLC v. Amco InsuranceDistrict Court, D. Oregon · 2009
- Residential Management (N.Y.) Inc. v. Federal InsuranceDistrict Court, E.D. New York · 2012
- Rapp B. Properties, LLC v. RLI InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Khuns v. Bay State InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
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