Mariano's Pizzeria Inc. v. Associated Mutual Insurance Cooperative

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 6, 2004, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, and defendant’s motion granted. The Clerk is directed to enter judgment in favor of defendant Associated Mutual Insurance Cooperative dismissing the complaint as against it.

This is a breach of contract action brought by plaintiff Mariano’s Pizzeria Inc. against defendant insurance company, Associated Mutual Insurance Cooperative, to recover approximately $250,000 for property damage at plaintiff’s…