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3502 PARTNERS LLC v. GREAT AM. INS. CO.

Index No. 651327/21. Appeal No. 15756. Case No. 2021-03449.

204 A.D.3d 525 (2022)

164 N.Y.S.3d 291

2022 NY Slip Op 02613

3502 Partners LLC, Appellant, v. Great American Insurance Company of New York, Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Weg & Myers, P.C., Rye Brook ( Joshua L. Mallin , of counsel) for appellant.

Mound Cotton Wollan & Greengrass LLP, New York ( Kevin F. Buckley , of counsel) for respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

The documentary evidence conclusively establishes a defense to plaintiff's claims (CPLR 3211[a][1]; Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). The complaint alleges that plaintiff's property sustained damage "as a direct result of the excavation work at the [a]djacent [l]ot." The insurance policy issued by defendant contains an exclusion from coverage for "earth movement," e.g., "earth...

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