Baker Residential Ltd. Partnership v. Travelers Insurance

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered March 9, 2004, which, upon the parties’ respective motions for summary judgment, declared that defendant insurer is not obligated to defend and indemnify plaintiff real estate developers in an underlying action brought by a residential condominium association arising out of plaintiffs’ development of a condominium, unanimously affirmed, with costs.

The subject commercial general liability policies cover “bodily injury” or “property damage” caused by an “occurrence,” the latter defined as “an accident, including continuous or…