Sunbright Fashions, Inc. v. Greater New York Mut Ins Co .

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Special Term, New York County, Birdie Amsterdam; The Appellate Division, Steuer
• Citation: Sunbright Fashions, Inc. v. Greater New York Mut Ins Co ., 319 N.Y.S.2d 609, 28 N.Y.2d 563 (N.Y. 1971)
• Decision Date: 21 January 1971
• Parties: , 268 N.E.2d 323 SUNBRIGHT FASHIONS, INC., Appellant, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent.

Page 609

319 N.Y.S.2d 609

28 N.Y.2d 563, 268 N.E.2d 323

SUNBRIGHT FASHIONS, INC., Appellant, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Jan. 21, 1971.

Appeal from Supreme Court, Appellate Division, First Department, 34 A.D.2d 235, 310 N.Y.S.2d 760.

Insured brought action against insurer on theft policy. The loss claim was for merchandise on premises of insured's contractor. The value fixed was $30,000, the limit of the policy. The president of insured testified that a number of skirts had been returned to insured because of defects and had been sent to contractor from whom they were allegedly stolen. The insured's president substantiated his testimony by submitting documents. Subsequently the president admitted that his testimony was false and that documents had been made up for purposes of claim.

The policy provided that it should be void if insured concealed or misrepresented in writing, or otherwise, any material facts or circumstances concerning the insurance or the subject thereof, or if the insured should make any attempt to defraud the insurer either before or after the loss.

On such facts the insurer moved for summary...