Nemier v. Liberty Mutual Fire Insurance
Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action seeking damages from Liberty Mutual Fire Insurance Company (defendant), their homeowners’ insurance
We conclude that plaintiffs met their initial burden on the motion and defendant failed to raise a triable issue of fact (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). Plaintiffs established that the living room “collapsed” when a corner of the room sank several inches (see generally, Royal Indem. Co. v Grunberg, 155 AD2d 187, 189). Defendant failed to submit any proof to support its contention that plaintiffs had knowledge of the decay responsible for the collapse, and mere conjecture is insufficient to defeat the motion (see, Sosa v Golub Corp., 273 AD2d 762, 764). (Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Summary Judgment.) Present — Green, J. P., Kehoe, Burns, Gorski and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.