Twelve Ninety Smithtown Corp. v. New York Mutual Underwriters

*383In an action to recover the proceeds of a fire insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered February 9, 1994, which, upon a ruling granting the plaintiff judgment as a matter of law at the close of a jury trial, is in favor of the plaintiff and against the defendant in the principal sum of $50,000.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The evidence adduced at the trial presented issues of fact as to (1) whether the premises were occupied at the time of…