Image Clothing, Inc. v. State National Insurance

—In an action to recover benefits under an insurance policy, the defendant appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), entered July 16, 2001, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by adding thereto a provision that, upon searching the record, summary judgment is awarded to the plaintiff; as so modified, the order is affirmed, with costs to the plaintiff.

The plaintiff, a men’s clothing store, leased space in a building and was insured by the defendant for property damage. It is not…