Legal Opinion

Star City Sportswear, Inc. v. Yasuda Fire & Marine Insurance of America

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

Decided October 28, 2003PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This is an action to recover under an insurance policy for a $150,849.40 loss sustained as a result of a truck hijacking. The matter is before us on appeal from the grant of the defendant insurer’s motion for summary judgment dismissing the complaint.

The evidence shows that on March 13, 2000, when the subject property, a shipment of ladies’ clothing, was allegedly stolen by armed robbers, it was aboard a truck parked for approximately five hours on a Mexico City street awaiting entry to the customs area of the airport for air transport to plaintiff in New York…

2Cases cited10 opinions

  1. Commercial Union Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Flagship Marine Services, Inc., D/B/A Sea Tow Services of Lee County and Sea Tow of Lee County, Defendants-Appellees-Cross-Appellants, Brisotti & Silkworth, Inc., Third-Party Commercial Union Insurance Company v. Flagship Marine Services, Inc., D/B/A Sea Tow Services of Lee County, Gary MacLeanCourt of Appeals for the Second Circuit · 1999
  2. Moshiko, Inc. v. Seiger & Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Moshiko, Inc. v. Seiger & Smith, Inc.New York Court of Appeals · 1988
  4. Jarvis Towing & Transportation Corp. v. Aetna InsuranceNew York Court of Appeals · 1948
  5. M. Fabrikant & Sons, Inc. v. Overton & Co. Customs Brokers, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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3Cited by7 opinions

  1. Slattery Skanska Inc. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Broad Street, LLC v. Gulf InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  3. MBIA Insurance v. Countrywide Home Loans, Inc.New York Supreme Court · 2012
  4. Triple Diamond Café, Inc. v. Those Certain Underwriters at Lloyd's LondonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Diaz v. Lexington Exclusive Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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