Index No. 803872/21E, Appeal No. 16127, Case No. 2021-04319.

206 A.D.3d 474 (2022)

168 N.Y.S.3d 305

2022 NY Slip Op 03871

New York Botanical Garden, Respondent, v. Allied World Assurance Company (U.S.) Inc., Appellant.

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

Decided June 14, 2022.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York ( Kevin M. Haas , of counsel) for appellant.

Beveridge & Diamond P.C., New York ( John H. Kazanjian , of counsel) for respondent.

Concur—Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ.

Plaintiff is a non-profit organization which conducts research and education about plant science, and maintains a 250 acre botanical garden in the Bronx open to the public. Defendant Allied World Assurance Company (U.S.) Inc. (AWA) issued a Pollution Legal Liability policy to plaintiff. Under the policy, "contingent business interruption" is defined as "the necessary suspension of your business operations at a location owned or

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