Eagle and Greenberg victorious in their motion for summary judgmentApril 22, 2016 |
Alan Eagle and Janice Greenberg were victorious in their motion for summary judgment filed in Supreme Court, Queens County, and obtained a declaration of no coverage on behalf of an insurer in connection with a property damage lawsuit filed by a cooperative apartment building against an insured contractor. The lawsuit sought amounts paid to repair and replace the insured contractor’s alleged defective work on a parapet wall of the claimant’s five-story cooperative apartment building as well as alleged damage to other areas of the building. The court, in 147-25 Jackson Heights, Inc. v. Joe Gina Contracting, Inc., et al., Index No.: 3646/13 (N.Y. Sup. Ct., Queens, Cty.), held that the insurer had no duty to defend or to indemnify in the lawsuit based upon the policy’s “clear and unmistakable” exclusion for work on a building exceeding three stories.