A New York state appeals court is allowing the New York Botanical Garden to go forward with a business-interruption loss suit against an insurer that refused to pay it for losses after it was forced to close its renowned 250-acre site because of government orders tied to COVID-19.

The same unanimous panel of justices has also gone a step further, allowing the Botanical Garden to also proceed past the motion-to-dismiss stage with a related breach of the implied covenant of good faith claim.