Resmac 2 LLC v. Madison Realty Capital, L.P.
Opinion of the Court
Plaintiffs failure to notify defendant of the adversary proceeding commenced in the bankruptcy court is not excused by the fact that defendant received notice of the pending litigation from another source (see Travelers Ins. Co. v Volmar Constr. Co., 300 AD2d 40, 43 [2002]). However, defendant did not establish that it was prejudiced by plaintiffs failure, and thus, pursu
Defendant is not, however, obligated to indemnify plaintiff for the difference between the face amount of the policy and the amount for which it compromised the value of the subject mortgage at the bankruptcy proceeding, because plaintiff sustained no loss or damage under the policy by taking title to the property (see Grunberger v Iseson, 75 AD2d 329 [1980]; Citibank v Chicago Tit. Ins. Co., 214 AD2d 212, 222 [1995], Iv dismissed 87 NY2d 896 [1995]). Further, plaintiff voluntarily agreed to the settlement amount in the bankruptcy proceeding without notifying defendant, although it was not absolved from complying with its obligations under the policy by defendant’s disclaimer of coverage (see Seward Park Hous. Corp. v Greater N.Y. Mut. Ins. Co., 43 AD3d 23, 30-31 [2007]). Concur — Mazzarelli, J.E, Catterson, DeGrasse, Abdus-Salaam and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.