Cohoes Realty Associates v. Lexington Insurance

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 1, 1997, which denied plaintiffs’ motion and cross motion for partial summary judgment against both defendants and, upon a search of the record, granted summary judgment in favor of defendant insurer, unanimously affirmed, without costs.

We agree with the motion court that defendant insurer based its disclaimer of coverage on clear, unmistakable language in the subject policy, subject to no possible interpretation other than that offered by the insurer (see, Tanzer v Health Ins. Plan, *42191 NY2d 850, 853). Were there an…