D.K. PROP., INC. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH

8018. 650733/17.

168 A.D.3d 505 (2019)

92 N.Y.S.3d 231

2019 NY Slip Op 00347

D.K. Property, Inc., Appellant, v. National Union Fire Insurance Company of Pittsburgh, Pa., Respondent.

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

Decided January 17, 2019.


This action involves an insurance coverage dispute under a commercial insurance policy issued by defendant to plaintiff. Supreme Court dismissed the claims for consequential damages, but otherwise allowed the general breach of contract claim (1st cause of action) and the collateral contract claim for breach of the implied covenant of good faith and fair dealing (second cause of action) to proceed. At issue is whether, at the pleading stage, a claim for consequential damages...

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