WEISER v. FEDERAL INS. CO.

017565/07, Seq. Nos. 001, 002

2009 NY Slip Op 32591 (U)

JOSEPH WEISER and THE JUDE THADDEUS GLEN COVE MARINA I, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendants.

Supreme Court, Nassau County.

October 26, 2009.

Motion Date: August 19, 2009.

Motion Date: October 8, 2009.


Attorney(s) appearing for the Case

Law Offices of Donald T. Rave, Esq., Locust Valley, NY, Attorneys for Plaintiffs.

Kenneth R. Feit, Esq., Tell, Cheser & Breitbart, Garden City, NY, Attorneys for Defendant.


DANIEL PALMIERI, Judge.

This motion by the defendant pursuant to CPLR 3212 for summary judgment dismissing the complaint is granted. The cross motion by the plaintiffs pursuant to CPLR 3212 for summary judgment on their complaint is denied.

This is an insurance coverage action stemming from damage to a bulkhead at the plaintiffs' marina, which is located in Glen Cove, New York. It is undisputed that this bulkhead was made of steel sheeting and securing tie...

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