AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

HERBERT BERMAN et al., Respondents, v. FEDERAL INSURANCE COMPANY et al., Appellants.

Judgment affirmed insofar as appealed from.

Plaintiffs are awarded one bill of costs.

On the motion for partial summary judgment, it was incumbent upon defendants to lay bare their proof and thereby show the existence of triable issues of fact ( Zuckerman v. City of New York, 49 N.Y.2d 557; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065). Defendants have wholly failed to contradict the elements of plaintiffs' claim of loss under the valued jewelry policy. The mere unsubstantiated allegations of fraud by defense counsel are insufficient to defeat the summary judgment motion ( see, Spaulding v. Benenati, 57 N.Y.2d 418; Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255). Moreover, we find that, since the police reports and other evidence in the case were equally available to all the parties, Special Term properly rejected defendants' argument that the salient facts were solely within plaintiffs' knowledge. Accordingly, we affirm. Mollen, P.J., O'Connor, Weinstein and Brown, JJ., concur.

Use AI to get other relevant cases.

Comments

BERMAN v. FEDERAL INSURANCE COMPANY
(Apr 22, 1985)