Alpha Auto Brokers, Ltd. v. Continental Insurance

In an action to recover moneys under a fire insurance policy, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated November 24, 1993, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendants’ motion for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

Contrary to the determination of the Supreme Court, we find that the defendant insurance company has not sustained its heavy burden of proving that the plaintiffs…