AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

PIPO BAR AND RESTAURANT, INC., Respondent, v. CERTAIN UNDERWRITERS AT LLOYD'S AT LONDON, Defendant and Third-Party Plaintiff-Appellant. TEOTONIO BRANCO et al., Third-Party Defendants-Respondents.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for an inquest on the issue of damages in connection with the third-party claim.

The Supreme Court erred in denying the appellant's motion for summary judgment. After the appellant established its prima facie entitlement to judgment as a matter of law, the plaintiff and third-party defendants failed to raise a triable issue of fact in opposition ( see Zuckerman v. City of New York, 49 NY2d 557, 562). The policy issued to the plaintiff insured is rendered void where the plaintiff has "`willfully and fraudulently placed in the proofs of loss a statement of property lost which [it] did not possess, or has placed a false and fraudulent value upon the articles which [it] did own'" ( Saks Co. v. Continental Ins. Co., 23 NY2d 161, 165, quoting Domagalski v. Springfield Fire Mar. Ins. Co., 218 App Div 187, 190; cf. St. Irene Chrisovalantou Greek Orthodox Monastery v. Cigna Ins. Co., 226 AD2d 624; Kyong Nam Chang v. General Acc. Ins. Co. of Am., 193 AD2d 521). The plaintiff's fraudulent misrepresentations regarding the total loss of two pool tables following a fire vitiated the policy in accordance with its terms, and the appellant insurers properly disclaimed coverage.

Use AI to get other relevant cases.

Comments

PIPO BAR AND RESTAURANT v. CERTAIN UNDERWRITER
(Feb 22, 2005)