Legal Opinion

Eshan Realty Corp. v. Stuyvesant Insurance

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

Decided January 30, 1961PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover the face amount of a $20,000 fire insurance policy issued by defendant, the defendant appeals from a judgment of the Supreme Court, Kings County, dated June 8, 1960, for the full amount of the policy, in favor of plaintiff after a nonjury trial. The policy insured plaintiff in an amount not exceeding $20,000 to the extent of the actual cash value of the property (a brick apartment dwelling) at the time of loss, but not exceeding the cost of repairs or replacement. Defendant’s liability was also limited to the proportion of the loss which.the amount insured should bear…

2Cases cited5 opinions

  1. McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
  2. Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
  3. Rosenbloom v. Maryland InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
  4. Tiemann v. Citizens' InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  5. Eshan Realty Corp. v. Stuyvesant InsuranceNew York Supreme Court · 1960

3Cited by2 opinions

  1. SR International Business Insurance v. World Trade Center Properties, LLCDistrict Court, S.D. New York · 2006
  2. Allstate Insurance v. KlevenoAppellate Division of the Supreme Court of the State of New York · 1981

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