N.Y. Appeals Court Upholds Denial of Summary Judgment in $1 Million Flood Action

NEW YORK — A New York appellate court has upheld a denial of an insurer’s motion for summary judgment in a case involving flood damage to a mixed-use building, explaining that there are several factual questions concerning whether the policyholder’s claim for business interruption is covered.

On March 16, the New York Appellate Division, 1st Department, further noted that discovery is ongoing and therefore the insurer’s motion is premature.

1626 2nd Ave. LLC owns a building in New York, and Intimo Restaurant LLC d/b/a Doppio Senso own a restaurant located in the building’s ground floor. The building was insured under …