Supreme Court, Appellate Division, First Department, New York. LATIPAC CORP., Plaintiff–Appellant, v. BMH REALTY LLC, et al., Defendants–Respondents. Decided: February 2, 2012 DAVID FRIEDMAN, J.P. JOHN W. SWEENY JAMES M. CATTERSON DIANNE T. RENWICK NELSON S. ROMÁN, JJ. Goldberg Weprin Finkel Goldstein LLP, New York (Kevin J. Nash of counsel), for appellant. Greenblatt … Continued
We’re not just lawyers, we’re parents too. We love our kids they are very cute, but they are little vehicles of destruction. When you add four boys to the mix, the odds of sudden and “accidental” catastrophe is virtually guaranteed increasing the need for protection with property insurance! So when my 3-year old, with his big … Continued
Following a frozen pipe and significant property damages, the homeowner’s insurance company denied the insured’s claim alleging a failure to maintain heat at the premises. Furthermore, the insurance company further alleged that the premises was not “occupied” at the time of the loss. Utilizing certain ambiguities in the insurance policy, relevant and novel case … Continued
After a fire broke out in a unit above a retail store, the store sustained damages from water used by the FDNY. The insurance company denied the claim based upon the store’s alleged failure to have a smoke detector, as was required by the Protective Safeguard provision of their insurance policy. Greenblatt Agulnick, argued that … Continued
Insurance Company denied a claim arising from burglars entering a commercial property, breaking the walls and stealing copper piping from the walls. The burglars caused significant damage as a result of the breaking of the walls. Insurance company’s denial alleged that the destruction of the walls was the result of theft as such was not … Continued
As a result of the windstorm and rains from Irene, the insured’s house sustained damage to the roof and facia. The damaged roof allowed water to enter into the interior of the home causing major damage and mold. The insurance company denied the claim outright, claiming that the damage was the result of wear and … Continued
Insurer owned a mixed use property with a restaurant rented to a tenant. A fire occurred in the kitchen of the restaurant, allegedly caused by ducts that were not properly cleaned and aggravated by the claim that the restaurant’s fire suppression system was not operable. The insurance carrier denied completely the claim stating that the … Continued
Following the vandalism and theft at a high end medical practice in Manhattan, the insurance company initially refused to provide coverage due to the fact the medical practice had vacated the space the night before and was preparing to turn the keys over to the landlord. The insurance company argued that the medical practice had … Continued
Following a severe windstorm, the roof of the insured’s commercial building sustained property damage which resulted in water damage to the interior. The insured’s claim was denied based upon no alleged evidence of windstorm damage. After being retained, Greenblatt Agulnick, successfully reopened the claim and through the use of photographic evidence and expert reports settled … Continued
Insured purchased a foreclosure property occupied by a hostile tenant. After legal action by the insured an eviction was scheduled, however, the day prior to the eviction there was a fire at the building. Insurance company denied the claim based upon the insured’s alleged failure to comply with the protective safeguard provision of the policy … Continued