Northport Land Corp. v. Zurich North America Insurance

Appellate Division of the Supreme Court of New York

Northport Land Corp. v. Zurich North America Insurance

99 A.D.3d 683, 951 N.Y.2d 406

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

DecidedOctober 3, 2012

StatusPublished

This text of 99 A.D.3d 683 (Northport Land Corp. v. Zurich North America Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Northport Land Corp. v. Zurich North America Insurance, 99 A.D.3d 683, 951 N.Y.2d 406 (N.Y. Ct. App. 2012).

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Opinion

The Supreme Court properly granted the defendant’s motion for summary judgment. The defendant established, prima facie, that the subject insurance policy did not cover the plaintiff’s claims (see generally Lancer Ins. Co. v Whitfield, 61 AD3d 724, 725 [2009]; Fontanelli v Hanover Ins. Co., 48 AD3d 413, 414 [2008]), and, in opposition, the plaintiff failed to raise a triable issue of fact.

Since this is a declaratory judgment action, the matter must be remitted to the Supreme Court, Suffolk County, for the entry of an appropriate declaratory judgment (see Lanza v Wagner, 11 NY2d 317 [1962], appeal dismissed 371 US 74 [1962], cert denied 371 US 901 [1962]). Dillon, J.E, Dickerson, Austin and Miller, JJ., concur.

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The Supreme Court properly granted the defendant’s motion for summary judgment. The defendant established, prima facie, that the subject insurance policy did not cover the plaintiff’s claims (see generally Lancer Ins. Co. v Whitfield, 61 AD3d 724, 725 [2009]; Fontanelli v Hanover Ins. Co., 48 AD3d 413, 414 [2008]), and, in opposition, the plaintiff failed to raise a triable issue of fact.

Since this is a declaratory judgment action, the matter must be remitted to the Supreme Court, Suffolk County, for the entry of an appropriate declaratory judgment (see Lanza v Wagner, 11 NY2d 317 [1962], appeal dismissed 371 US 74 [1962], cert denied 371 US 901 [1962]). Dillon, J.E, Dickerson, Austin and Miller, JJ., concur.

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Bluebook (online)

99 A.D.3d 683, 951 N.Y.2d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northport-land-corp-v-zurich-north-america-insurance-nyappdiv-2012.

Opinion

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