A suit filed by the Richard Avedon Foundation against an insurance company over coverage of a water-damaged piece of artwork will be allowed to proceed after withstanding a motion to dismiss.

The work by renowned photographer Richard Avedon, “The Chicago Seven, September 25, 1969,” was damaged by a water leak at Fortress Fine Art Storage in Long Island City on Dec. 8, 2011.

In Richard Avedon Foundation v. AXA Art Insurance Company, 151435/14, Manhattan Supreme Court Justice Joan Lobis (See Profile) let stand the foundation's allegation that insurer AXA breached its contract by delaying and failing payment.