Legal Opinion

242-44 East 77th Street, LLC v. Greater New York Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2006PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This appeal presents the question of whether coverage is afforded under a “Businessowners Special Property Coverage Form” policy issued by defendant covering “direct physical loss of or damage to Covered Property at [plaintiffs building] . . . caused by or resulting from any Covered Cause of Loss.” Specifically, as is conceded for purposes of this proceeding, defective underpinning undertaken in connection with construction being carried out on the adjoining property caused plaintiffs building to settle and shift, resulting in cracking and bulging of certain…

2Cases cited16 opinions

  1. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  2. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  3. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  4. Belt Painting Corp. v. TIG InsuranceNew York Court of Appeals · 2003
  5. Conboy v. AT & T Corp.Court of Appeals for the Second Circuit · 2001

11 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Barclays Capital Inc. v. Giddens (In re Lehman Bros.)District Court, S.D. New York · 2012
  2. Porco v. Lexington InsuranceDistrict Court, S.D. New York · 2009
  3. Lend Lease (US) Construction LMB Inc. v. Zurich American InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  4. Alamia v. Nationwide Mutual Fire InsuranceDistrict Court, S.D. New York · 2007
  5. Fresh Del Monte Produce N.V. v. Eastbrook Caribe A.V.V.Appellate Division of the Supreme Court of the State of New York · 2007

44 more not listed; retrieve them via the Exa API.

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