LEND LEASE v. ZURICH AM. INS.

No. 11.

28 N.Y.3d 675 (2017)

71 N.E.3d 556

49 N.Y.S.3d 65

2017 NY Slip Op 01141

LEND LEASE (US) CONSTRUCTION LMB INC. et al., Appellants, v. ZURICH AMERICAN INSURANCE COMPANY et al., Respondents.

Court of Appeals of New York.

Decided February 14, 2017.


Attorney(s) appearing for the Case

Carroll McNulty & Kull LLC, New York City ( Matthew J. Lodge of counsel), for Lend Lease (US) Construction LMB Inc., appellant.

Greenberg, Trager & Herbst, LLP, New York City ( Richard J. Lambert , of counsel), for Extell West 57th Street LLC, appellant.

Mound Cotton Wollan & Greengrass LLP, New York City ( Philip C. Silverberg , Mark S. Katz and Sanjit Shah of counsel), for respondents.

Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur; Judge WILSON taking no part.


OPINION OF THE COURT

In this action, plaintiffs seek a declaration of coverage under a program of builder's risk insurance furnished by defendants for loss — specifically, damage to a tower crane — caused by Superstorm Sandy. At issue here is the question whether...

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