Zurruz Realty Corp. v. Calvert Insurance Co.

Full title: ZURRUZ REALTY CORP., Appellant, v. CALVERT INSURANCE CO., Respondent

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

Date published: Jun 13, 1996

228 A.D.2d 267 (N.Y. App. Div. 1996)

643 N.Y.S.2d 582

Opinion

June 13, 1996

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

Summary judgment should have been denied. Plaintiff's assertions as to defendant insurer's conduct, that it issued a post-cancellation endorsement correcting the error which allegedly triggered the notice of cancellation and accepted and retained the full premium until 45 days after the loss in question occurred and 7 months after the purported cancellation took effect, raise triable issues of fact as to when the cancellation of the insurance policy was properly effected, if ever.

Concur — Rosenberger, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.