915 2nd Pub, Inc. v. QBE Insurance Corp.

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 14, 2016, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint, and granted plaintiffs’ cross motion for summary judgment as to liability on the first cause of action, unanimously reversed, on the law, with costs, defendant’s motion granted, and plaintiffs’ motion denied. The Clerk is directed to enter judgment dismissing the complaint.

After excavation work on the adjacent property caused structural damage to plaintiffs’ building, plaintiffs both submitted an insurance…