General

Balen Developing Corp., Appellant, v. American Home Assurance Company et al., Respondents

54 A.D.2d 953·New York Supreme Court, Appellate Division·1976·NY

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

Balen Developing Corp., Appellant, v American Home Assurance Company et al., Respondents. [MAJORITY] In an action on various policies of fire insurance, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered April 21, 1975, which is in favor of defendants, after a nonjury trial. Judgment affirmed, with costs, upon the opinion of Mr. Justice Simon Leibowitz at Trial Term. In addition, this court notes that the evidence supports a finding that the hazard was increased by a means within the knowledge of the insured. Moreover, at the trial, plaintiff proceeded on the theory that the buildings in question were occupied and not abandoned. It may not at this time contend that the buildings were in part abandoned, to the knowledge of the defendants. Hopkins, Acting P. J., Martuscello, Damiani and Suozzi, JJ., concur.