N.Y. Judge Denies Insurer’s Motion for Summary Judgment in Sandy Business Interruption Case

NEW YORK — A New York judge has denied an insurer’s motion for summary judgment in a Superstorm Sandy business interruption action, finding questions of fact exist as to whether the insured is entitled to recover additional sums beyond the amount already paid under the policy.

In an order released on May 4, Judge Darrell L. Garvin of the Queens County Supreme Court found evidence submitted by the policyholder, including an estimate prepared by a forensic accountant, precludes summary judgment at this stage in the litigation.

Tec-Crete Transit Mix Corp. sued its insurer, Great American Insurance Company of New York, …