Continental Insurance v. Tollman-Hundley Hotels Corp.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 21, 1995, which awarded plaintiff the sum of $2,333,479.07 for unpaid premiums on various insurance policies, unanimously affirmed, with costs.

As there was no genuine dispute that plaintiff performed its obligations under the insurance contracts with respect to the relevant audit premiums, any error in the trial court’s failure to charge the jury on the issue of performance was harmless. Indeed, the record demonstrates that defendant, at trial, essentially challenged only $185,000 of the $1,370,000 bill for audit…