Sorrentino v. Allcity Ins. Co.
| Decision Date | 15 July 1996 |
| Citation | 229 A.D.2d 481,645 N.Y.S.2d 515 |
| Parties | Cheryl SORRENTINO, Respondent, v. ALLCITY INSURANCE COMPANY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Rosenstein & Helhoski, P.C., Middletown (Monte J. Rosenstein, of counsel), for appellant.
Before THOMPSON, J.P., and COPERTINO, KRAUSMAN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover for property damages pursuant to an insurance policy, the defendant appeals from (1) an order of the Supreme Court, Orange County (Owen, J.), dated March 13, 1995, which, inter alia, found that the plaintiff was entitled to recover from the defendant the principal sum of $28,500, and (2) a judgment of the same court, dated April 7, 1995, which is in favor of the plaintiff and against the defendant in the principal sum of $28,500.
ORDERED that the appeal from the order is dismissed, without costs or disbursements; and it is further,
ORDERED that the judgment is affirmed, without costs or disbursements.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501[a][1] ).
The plaintiff owned a building which sustained damage when its chimney collapsed, and commenced this action when the defendant carrier denied coverage on the ground that the plaintiff's loss was not caused by an event covered under the policy of insurance. The policy at issue insured against . The plaintiff maintained that a windstorm caused the chimney to collapse and thereby damaged the roof of the building. In awarding judgment in favor of the plaintiff, the Supreme Court held that there was a direct loss by windstorm. We agree.
The evidence produced at trial sufficiently established that the weather conditions occurring when the chimney collapsed constituted a windstorm (see, Napanoch Realty Corp. v. Public Service Mut. Ins. Co., 39 A.D.2d 438, 336 N.Y.S.2d 489). In addition, we agree with the Supreme Court that the chimney's collapse was proximately caused by the windstorm (see, Granchelli v. Travelers Ins. Co., 167 A.D.2d 839, 561 N.Y.S.2d 944, 18 Couch, Insurance 2d § 74:712, at 1022).
To continue reading
Request your trial
-
N.H. Ins. Co. v. MF Global Fin. USA Inc.
...246 A.D.2d 202, 209 [1st Dept. 1998], lv denied 93 N.Y.2d 805 [689 N.Y.S.2d 429, 711 N.E.2d 643] [1999] ; see Sorrentino v. Allcity Ins. Co. , 229 A.D.2d 481, 482 [2d Dept. 1996] [using proximate cause as test for determining whether insurance loss was a direct loss]; Granchelli v. Traveler......
-
New Hampshire Ins. Co. v. MF Global, Inc.
...N.Y.S.2d 559 [1st Dept. 1998], lv. denied93 N.Y.2d 805, 689 N.Y.S.2d 429, 711 N.E.2d 643 [1999];see Sorrentino v. Allcity Ins. Co., 229 A.D.2d 481, 482, 645 N.Y.S.2d 515 [2d Dept. 1996] [using proximate cause as test for determining whether insurance loss was a direct loss]; Granchelli v. T......
- Risbrook v. Coronamos Cab Corp.
-
Aetna Cas. & Sur. Co. v. Kidder, Peabody & Co. Inc.
...F.2d 76, 79 (2nd Cir.1989)). A direct loss for insurance purposes has been analogized with proximate cause (Sorrentino v. Allcity Insurance Co., 229 A.D.2d 481, 645 N.Y.S.2d 515; E.A. Granchelli v. Travelers Insurance Co., 167 A.D.2d 839, 561 N.Y.S.2d 944). The distinction in the nature of ......
-
Indirect or Consequential Loss Exclusion: Coming Of Age.
...79 (2d Cir. 1989). A direct loss for insurance purposes has been analogized with proximate cause (Sorrentino v. Allcity Insurance Co., 229 A.D.2d 481, 645 N.Y.S.2d 515; E.A. Granchelli v. Travelers Insurance Co., 167 A.D.2d 839, 561 N.Y.S.2d 944). The distinction in the nature of the losses......