Philadelphia Indemnity Insurance v. Mendon Ponds Tennis Club, Inc.

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in failing to grant in its entirety the motion of plaintiff for summary judgment declaring that it had no duty to indemnify Mendon Ponds Tennis Club, Inc. (Tennis Club), Roger Wootton and Laura Wootton (collectively defendants) for property damage pursuant to a policy of commercial property liability insurance. The record establishes that the Woottons, who are officers and shareholders of the Tennis Club, made misrepresentations…