New York Court of Appeals

Happy Hank Auction Co., Inc. v. American Eagle Fire Insurance Company

July 11, 19561 N.Y.2d 534

Summary

The Court of Appeals held that New York courts cannot order specific performance of an appraisal clause and affirmed the dismissal of that claim, but reversed the summary judgment on the insurer's fraud and concealment allegations because genuine issues of fact remain. The judgment was modified to eliminate the dismissal of the second cause of action and affirmed.