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NORTHPORT LAND CORP. v. ZURICH NORTH AM. INS.

2011-02488.

99 A.D.3d 683 (2012)

951 N.Y.S.2d 406

2012 NY Slip Op 6589

NORTHPORT LAND CORP., Appellant, v. ZURICH NORTH AMERICA INSURANCE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

October 3, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate declaratory judgment.

The Supreme Court properly granted the defendant's motion for summary judgment. The defendant established, prima facie, that the subject insurance policy did not cover the plaintiff's claims (see generally Lancer Ins. Co. v Whitfield, 61 A.D.3d 724

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