Keyspan Gas E. Corp. v Munich Reins. Am., 2017 NY Slip Op 03458 [150 AD3d 408]

May 2, 2017

Appellate Division, First Department

[*1]

Keyspan Gas East Corporation, Respondent,

v

Munich Reinsurance America et al., Defendants, and Century Indemnity Company, Appellant.

O’Melveny & Myers LLP, New York (Jonathan Hacker of the bar of the State of Maryland and District of Columbia, admitted pro hac vice, of counsel), for appellant.

Covington & Burling LLP, New York (Jay T. Smith of counsel), for respondent.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 16, 2016, which denied defendant Century Indemnity Company’s motion pursuant to CPLR 4404 for judgment notwithstanding the verdict or a new trial, unanimously affirmed, with costs.

The jury’s conclusions that plaintiff’s notice of occurrence to defendant was timely, that the property damage began in 1905, and that insurance was only available in the market between 1933 and 1986, are supported by sufficient evidence and are not against the weight of the evidence ( see Cohen v Hallmark Cards , 45 NY2d 493, 498-499 [1978]).

We have considered defendant’s remaining arguments and find them unavailing. Concur—Acosta, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ. [Prior Case History: 2016 NY Slip Op 30427(U).].