Legal Opinion
Gumbs v. New York Property Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1985PublishedCited by 5 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of a fire insurance policy, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kelly, J.), entered February 21, 1984, which, upon granting the defendant’s motion for judgment during trial pursuant to CPLR 4401, made upon the close of the plaintiff’s evidence, dismissed the complaint on the merits.
Judgment reversed, on the law, with costs, motion for judgment during trial denied and a new trial granted.
To establish the extent of alleged fire-inflicted partial damage to the subject property, the plaintiff initially…
2Cases cited7 opinions
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Incardona v. Home Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Aetna Casualty & Surety Co. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1971
- Le May v. FrankelAppellate Division of the Supreme Court of the State of New York · 1981
- Agostino v. Holyoke Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by5 opinions
- Nugent v. Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2016
- Sher v. Allstate InsuranceDistrict Court, S.D. New York · 2013
- Group v. New York Property InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Esperance v. Royal Globe InsuranceCivil Court of the City of New York · 1987
- Voulo v. Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 1987