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QUOIZEL, INC., Plaintiff-resap, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellantres

7761. QUOIZEL, INC., Plaintiff-resap, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellantres — Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for appellant-res — Wilkofsky, Friedman, Karel & Cummins, New York (Harry A. Cummins of counsel), for res-res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 14, 2011, which denied defendant's motion for summary judgment dismissing the complaint, and denied plaintiff's cross motion for summary judgment on its complaint seeking the difference between the amount defendant paid it on its property damage claim, i.e., the cost of replacement, and the selling price of the damaged property, affirmed, without costs.

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7761. QUOIZEL, INC., Plaintiff-resap, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellantres — Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for appellant-res — Wilkofsky, Friedman, Karel & Cummins, New York (Harry A. Cummins of counsel), for res-res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 14, 2011, which denied defendant’s motion for summary judgment dismissing the complaint, and denied plaintiff’s cross motion for summary judgment on its complaint seeking the difference between the amount defendant paid it on its property damage claim, i.e., the cost of replacement, and the selling price of the damaged property, affirmed, without costs.

The disputed stock inventory, consisting of lamps and lighting products, was damaged during a sprinkler system leak in plaintiff’s South Carolina warehouse in 2008. The issue before us is whether this stock is to be valued at the selling price or replacement cost under the insurance policy defendant issued to plaintiff.

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