Peerless Insurance v. Allied Building Products Corp.

In an action to recover for damage to real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), entered March 15, 2004, which granted the motion of the defendant Allied Building Products Corp. for sum*374mary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

The plaintiff alleged that a building owned by its insured was damaged during the course of the delivery of roofing materials by…