54th Street Limited Partners, L.P. v. Fidelity & Guaranty Insurance

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered June 28, 2002, which granted defendant’s motion for partial summary judgment, dismissing plaintiffs first cause of action to the extent that it sought damages for alleged loss of business due to business interruption beyond December 8, 1997, and denied plaintiffs cross motion for partial summary judgment, unanimously affirmed, without costs.

Contrary to plaintiffs contention, the language of the subject policy clearly and unambiguously provides that for business interruption coverage to be triggered, there must be a…