S & J PROPS. OF WATERTOWN, LLC v. MAIN ST. AM. GROUP

422 CA 21-00830.

206 A.D.3d 1704 (2022)

170 N.Y.S.3d 752

2022 NY Slip Op 03837

S & J Properties of Watertown, LLC, Respondent, v. The Main Street America Group, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE ( VICTOR L. PRIAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

THE WARD FIRM, PLLC, BALDWINSVILLE ( MATTHEW E. WARD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, NeMoyer and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint is dismissed.

Memorandum: Plaintiff owns commercial property insured by a policy issued by defendant and submitted a claim to defendant to recover damages for a bulging wall of the building. Defendant denied the claim, and plaintiff commenced this breach of contract action alleging that defendant wrongfully disclaimed coverage...

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