Esperance v. Royal Globe Insurance

OPINION OF THE COURT

Richard S. Lane, J.

This otherwise routine first-party fire insurance action was enlivened by defendant’s motion to dismiss for plaintiff’s failure to prove its prima facie case. Defendant moved after plaintiff rested and again at the close of all the testimony.

It was undisputed that plaintiff owned the subject premises, a mixed use commercial and residential building in Brooklyn; *719that the premises were covered by defendant’s standard fire insurance policy in the face amount of $65,000 promising to pay "the actual cash value of the property at the time of the loss, but not…