HOME BOYS SHOPPING v. LLOYDS N.Y. INS. CO

Inasmuch as defendant submitted unrefuted evidence demonstrating that the alleged damage to Plaintiff's property did not exceed the $2,500 policy deductible, defendant's motion for summary judgment should have been granted. That evidence included the adjuster's personal inspection of the property, and his assertion that Plaintiff's manager at the premises told him that he was unaware of any damage. Plaintiff's assertion that the repairs cost in excess of $130,000 was wholly conclusory, and unsupported by any repair receipts ( see, Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 342). Thus, plaintiff has failed to raise any triable issue with regard to damages.