A.B.N. Jewelry, Inc.. v. American Alliance Insurance

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 7, 1997, which denied defendants-appellants’ cross motions for summary judgment dismissing the complaint and related cross-claims, unanimously affirmed, without costs.

We find that factual issues exist as to whether plaintiff made material misrepresentations, including inventory undervaluation in obtaining the insurance policy, upon which defendant American relied; whether plaintiff failed to comply with the recordkeeping requirements of the policy; and the extent of defendant American’s knowledge of…