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TOWER INS. CO. v. RICHARDSON

152694/16. Appeal No. 15690. Case No. 2020-02545.

204 A.D.3d 483 (2022)

164 N.Y.S.3d 437

2022 NY Slip Op 02378

Tower Insurance Company of New York, Respondent, v. Fitz Richardson, Appellant, et al., Defendant.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Alter & Barraro, Brooklyn ( Bernard Mitchell Alter , of counsel) for appellant.

The Dillion Law Firm, LLP, New York ( Thomas Dillion , of counsel) for respondent.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.

Plaintiff Tower Insurance Company was properly granted summary judgment declaring it has no obligation to defend or indemnify defendant Richardson in the underlying personal injury action, as the Tower Policy does not cover bodily injury claims stemming from accidents occurring at the premises if it contains more than two family units. As Richardson's premises was undisputedly a three-family dwelling, it was not covered under the insurance policy issued by plaintiff (see...

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