Almonte v. CastlePoint Insurance

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered October 24, 2014, which denied plaintiffs’ cross motion for summary judgment and granted defendant CastlePoint Insurance Company’s motion for summary judgment declaring it has no obligation to provide coverage, unanimously affirmed, without costs.

The motion court properly granted summary judgment to CastlePoint, based on its determination that the premises contained a basement apartment rendering it a “three family” dwelling, as opposed to the “two family” designation that was listed on the insurance…