Legal Opinion

Kress v. New York Property Insurance Underwriting Ass'n

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

Decided December 17, 1990Published

1Opinion of the Court

In an action to recover damages for breach of contract, the defendant New York Property Insurance Underwriting Association appeals from an amended judgment of the Supreme Court, Queens County (Zelman, J.), dated November 15, 1988, which is in favor of the plaintiff and against it in the principal sum of $429,091.36.

Ordered that the amended judgment is affirmed, with costs.

Because there was no evidence supporting the claim that the plaintiff misrepresented or concealed a material fact on the insurance application, we find that the court properly dismissed that defense (see, Abulaynain v New…

2Cases cited9 opinions

  1. Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
  2. L.W.C. Agency, Inc. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  3. High Fashions Hair Cutters v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
  4. P.S. Auctions, Inc. v. Exchange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  5. Abulaynain v. New York Merchant Bakers Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1987

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