2416 Newkirk v. Wesco Ins. Co., Kings Co. Index No. 502342 (New York Co. Sup. Ct. Feb. 28, 2019)
This case involved insurance claims for a theft that took place in an apartment located at 2416 Newkirk Avenue, Brooklyn, and a separate claim for costs associated with damage to the building’s roof purportedly due to a storm. The losses allegedly occurred in September 2014 and July 2016, respectively. The insured notified Wesco Insurance Company in May 2016 and July 2017; by that time, however, the roof had been replaced. Wesco’s motion for summary judgment was granted on the ground that the insured had failed to provide timely notice in accordance with the applicable policy. The insured’s later motion to reargue based on new arguments, including that Wesco failed to prove that it was prejudiced by the late notice, was unsuccessful and ultimately dismissed.