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309 BAKERY CORP., v. ASSOCIATED MUTUAL INSURANCE COOPERATIVE

8318. 159659/14.

169 A.D.3d 409 (2019)

2019 NY Slip Op 00833

309 Bakery Corp., Respondent, v. Associated Mutual Insurance Cooperative, Appellant.

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

Decided February 5, 2019.

In this insurance coverage action, defendant insurer sought summary judgment declaring that it has no obligation to reimburse plaintiff insured for rent payments made after the fire. Defendant argued that, under plaintiff's lease, plaintiff was not required to pay rent while the demised premises were wholly unusable or totally damaged and that testimony from plaintiff's president established that plaintiff was unable to use the...

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