54TH STREET LIMITED PARTNERS, L.P. v. FIDELITY AND GUARANTY INSURANCE COMPANY


306 A.D.2d 67 (2003)

763 N.Y.S.2d 243

54TH STREET LIMITED PARTNERS, L.P., et al., Appellants, v. FIDELITY AND GUARANTY INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 10, 2003.


Contrary to plaintiff's contention, the language of the subject policy clearly and unambiguously provides that for business interruption coverage to be triggered, there must be a "necessary suspension," i.e., a total interruption or cessation (see Buxbaum v Aetna Life & Cas. Co., 103 Cal.App.4th 434, 444, 126 Cal.Rptr.2d 682, 688 [2002], review denied 2003 Cal LEXIS...

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