Civil Procedure · MBE-tested
Keyspan Gas East Corporation, Respondent, v. Munich Reinsurance America et al., Defendants, and Century Indemnity Company, Appellant
150 A.D.3d 40851 N.Y.S.3d 392·New York Supreme Court, Appellate Division·2017·NY
Concur—Acosta, J.R, Mazzarelli, Manzanet-Daniels and Webber, JJ.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Keyspan Gas East Corporation, Respondent, v Munich Reinsurance America et al., Defendants, and Century Indemnity Company, Appellant.
[51 NYS3d 392]
[MAJORITY]
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 16, 2016, which denied defendant Century Indemnity Company’s motion pursuant to CPLR 4404 for judgment notwithstanding the verdict or a new trial, unanimously affirmed, with costs.
The jury’s conclusions that plaintiff’s notice of occurrence to defendant was timely, that the property damage began in 1905, and that insurance was only available in the market between 1933 and 1986, are supported by sufficient evidence and are not against the weight of the evidence (see Cohen v Hallmark Cards, 45 NY2d 493, 498-499 [1978]).
We have considered defendant’s remaining arguments and find them unavailing.
Concur—Acosta, J.R, Mazzarelli, Manzanet-Daniels and Webber, JJ.