Lexington Park Realty LLC v. National Union Fire Ins. Co. of Pittsburgh, PA

Order, Supreme Court, New York County (Ellen M. Coin, J), entered March 26, 2013, which, to the extent appealed from, granted defendant insurer’s motion for summary judgment dismissing the complaint, and denied the insured plaintiffs’ cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

The insurance policy exclusion at issue, which precludes coverage for loss due to “[djishonest or criminal act[s]” committed by anyone to whom the insured plaintiffs entrusted the subject property for any purpose, applies here. Plaintiffs leased the insured premises…