Home Insurance v. Leprino Foods Co.

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered October 16, 2003, which awarded plaintiff summary judgment in the principal amount of $58,653, unanimously affirmed, with costs.

There was no need to resolve issues of fact regarding an alleged oral agreement. Even if the parties had come to such an agreement with respect to the retrospective adjustment, condition number 8 of the policy expressly prohibited oral modifications. (The inadvertent omission of the complete policy jacket from the original moving papers was adequately explained in the reply affidavit submitted…