St. John Fisher College v. Continental Corp.

Appellate Division of the Supreme Court of New York

St. John Fisher College v. Continental Corp.

184 A.D.2d 1063

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 1992·Published

Opinion

Order unanimously affirmed without costs. Memorandum: We agree with Supreme Court’s conclusion that the loss suffered by plaintiff is the result of a latent defect and, as such, is specifically and unambiguously excluded from coverage (see, Derenzo v State Farm Mut. Ins. Co., 141 Misc 2d 456; Luttenberger v Allstate Ins., 122 Misc 2d 365; 80 Broad St. Co. v United States Fire Ins. Co., 88 Misc 2d 706, affd 54 AD2d 888, lv denied 42 NY2d 801). (Appeal from Order of Supreme Court, Monroe County, Curran, J. — Summary Judgment.) Present — Boomer, J. P., Balio, Lawton, Fallon and Doerr, JJ.

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Order unanimously affirmed without costs. Memorandum: We agree with Supreme Court’s conclusion that the loss suffered by plaintiff is the result of a latent defect and, as such, is specifically and unambiguously excluded from coverage (see, Derenzo v State Farm Mut. Ins. Co., 141 Misc 2d 456; Luttenberger v Allstate Ins., 122 Misc 2d 365; 80 Broad St. Co. v United States Fire Ins. Co., 88 Misc 2d 706, affd 54 AD2d 888, lv denied 42 NY2d 801). (Appeal from Order of Supreme Court, Monroe County, Curran, J. — Summary Judgment.) Present — Boomer, J. P., Balio, Lawton, Fallon and Doerr, JJ.

St. John Fisher College v. Continental Corp., 184 A.D.2d 1063 (N.Y. Ct. App. 1992).

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Opinion

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