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SEWARD PARK HOUS. CORP. v. GREATER N.Y. MUT. INS. CO.

63 A.D.3d 525 (2009)

880 N.Y.S.2d 472

SEWARD PARK HOUSING CORPORATION, Appellant-Respondent, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2009.

Restitution was properly awarded in view of this Court's prior order that plaintiff was not entitled to recover for items worth some $1.6 million that were, as a matter of law, outside the scope of the policy (see Polipo v Sanders, 245 A.D.2d 2 [1997], lv dismissed 92 N.Y.2d 845 [1998]), and it being highly unlikely that any amount to be awarded plaintiff on the retrial ordered by this Court will be more than the amount awarded...

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