New York Daily News

Restaurant­s want policy payments

- BY STEPHEN REX BROWN

understand the desire to protect the rights of voters,” said Commission­er Douglas Kellner. “However, this will place a tremendous burden on the local boards of elections as they are preparing for the November general election and is highly unlikely to change the results in any contest.”

Patel, a plaintiff in the lawsuit that produced Torres’ ruling, is trailing Maloney by about 3,700 votes in an unofficial count.

If the Torres ruling stands, upward of 1,200 mail-in ballots that were tossed in Patel’s race will be readmitted since they were received by June 25 and only lacked postmarks.

Speaking to the Daily News on Tuesday, Patel said he first wants those freshly readmitted votes counted before he considers asking the judge to review even more invalidate­d ballots. In total, some 12,500 ballots were thrown out in the race.

“We’re going to stay in the fight,” he said. “First, let’s count these ballots, and then we have to still explore why thousands of other ballots are not being counted.”

Maloney, who has declared victory despite the outstandin­g ballots, accused Patel of giving President Trump ammunition for his unfounded allegation­s about Democratic voter fraud in November’s election.

“It is regrettabl­e that my former opponent has become President Trump’s mouthpiece in disparagin­g mail voting by making unsupporte­d claims of many thousands of ballots being invalidate­d when the true facts show a smaller number that had no effect on the results,” Maloney said in a statement.

In a Zoom call earlier in the day, Remy Green, a civil rights attorney who represente­d Patel and other plaintiffs on the lawsuit, suggested there may be other primary races in New York that could be flipped because of the Torres ruling.

“We’re aware of a couple of cases where there is a chance,” Green said.

Green didn’t want to name any particular races that could still be in play besides the Maloney-Patel contest. Instead, Green put out a plea on Twitter for concerned candidates to “GET IN TOUCH ASAP.”

A coalition of some of the city’s best-known restaurant­s gave insurers something to feast on Tuesday: a lawsuit for denials of coverage during the coronaviru­s pandemic.

The group of roughly 50 restaurant­s, including Junior’s, Grand Central Oyster Bar, Red Hook Lobster Pound, Blue Smoke and Gramercy Tavern, says insurers denied their coverage under “all risk” commercial property policies. Despite the comprehens­ive title of the policy, the insurers determined the claims did not result from the “direct physical loss of” or “damage to” insured properties, according to the 148page lawsuit filed in Manhattan Supreme Court.

The restaurant­s have suffered hundreds of millions in losses due to the pandemic, the suit states.

“These restaurant­s paid their premiums and believed in good faith that when their businesses were interrupte­d for situations covered by their insurance policies, they would be made whole. But they weren’t. And that’s not right. We believe they are entitled to the benefit of their bargain,” said attorney Jeremy Creelan.

The restaurant­s argue they reasonably expected their policies would cover loss of income due to orders from the city and state. Coronaviru­s restrictio­ns “rendered their properties essentiall­y nonfunctio­nal for months by requiring physical changes and restrictio­ns to their properties,” the suit states.

The lawsuit names more than two dozen insurance companies as defendants. It comes one day after a survey of nearly 500 owners and operators of restaurant­s and bars found that 83% could not pay full rent in July. The establishm­ents, which are fundamenta­l to city life, are reeling from restrictio­ns imposed in March to prevent COVID-19 outbreaks. Currently, restaurant­s and bars have had to overhaul their business models to accommodat­e for social distancing, outdoor dining and other measures.

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