Convention Plaza III, LLC v. Seneca Specialty Insurance Co.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 1, 2016, which denied the parties’ respective motions for summary judgment, unanimously modified, on the law, to grant defendant’s motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

Since this case does not involve a loss by fire or theft, the “Commercial Protective Safeguards” endorsement is inapplicable (see Insurance Law § 3106 [b]; Anjay Corp. v Those Certain Underwriters at Lloyd’s of London Subscribing to Certificate No. HN01AAF4393, 33 AD3d 323, 324 [1st…