EL-AD 250 West LLC v. Zurich American Insurance Co.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about April 1, 2016, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for partial summary judgment declaring that plaintiff is not entitled under the insurance policy to recover for delay in completion damages, unanimously affirmed, without costs.

Ambiguity in the policy, coupled with extrinsic evidence tending to favor plaintiff’s position, precludes a summary declaration that plaintiff is not entitled to recover for delay in completion damages (see Stainless, Inc. v…