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

Appellate Division of the Supreme Court of the State of New York·Decided October 3, 2012·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

99 A.D.3d 683 (Northport Land Corp. v. Zurich North America Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related