Legal Opinion

Wai Kun Lee v. Otsego Mutual Fire Insurance

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

Decided March 25, 2008PublishedCited by 6 opinions

1Opinion of the Court

*864The plaintiff owns a two-family residence (hereinafter the premises) in Brooklyn. After a two-week vacation in January 2005 the plaintiff returned to find that his tenant, who had been notified that eviction proceedings were going to be commenced against him, and with whom the plaintiff had an acrimonious and contentious relationship, had moved out. The thermostat in the premises had also been turned down to its lowest setting, essentially shutting off the heat, causing a pipe in the attic to burst, and resulting in extensive water damage to the premises.

The plaintiff filed a claim under a…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. State v. Home Indemnity Co.New York Court of Appeals · 1985
  3. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983
  4. Gaetan v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by6 opinions

  1. National Railroad Passenger Corp. v. Arch Specialty InsuranceDistrict Court, S.D. New York · 2015
  2. Axis Insurance Co. v. StewartDistrict Court, N.D. New York · 2016
  3. Congregation Beth Shalom of Kingsbay v. Lev Bais YaakovAppellate Division of the Supreme Court of the State of New York · 2015
  4. Lobell v. Graphic Arts Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  5. Garnar v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2012

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