6 Montague, LLC v. New Hampshire Insurance

Order, Supreme Court, New York County (George J. Silver, J.), entered July 31, 2013, which granted defendant’s cross motion for summary judgment dismissing the complaint, and denied plaintiffs motion for summary judgment, unanimously modified, on the law, solely to declare in defendant’s favor, and otherwise affirmed, without costs.

Defendant insurer met its burden of establishing entitlement to judgment as a matter of law. The record establishes that the damage to the balcony was caused by deterioration and wet or dry rot, which defendant is not liable for pursuant to the plain language of…