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COOKIES ON FULTON, INC. v. ASPEN SPECIALTY INS. CO.

Index No. 655549/18, Appeal No. 16237-16237A, Case No. 2022-00126, 2022-00137.

206 A.D.3d 587 (2022)

168 N.Y.S.3d 845

2022 NY Slip Op 04219

Cookies on Fulton, Inc., et al., Appellants-Respondents, v. Aspen Specialty Insurance Company, Respondent-Appellant.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Blank Rome LLP, New York ( David M. Jacobson of counsel), for appellants-respondents.

Goldberg Segalla, LLP, Buffalo ( Adam R. Durst of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

Defendant failed to establish prima facie that the underlying personal injury sustained during plaintiff's work replacing lightbulbs in the stockrooms of the instant plaintiffs' store constitutes construction- or renovation-related activity (see Lend Lease [US] Constr. LMB Inc. v Zurich Am. Ins. Co., 28 N.Y.3d 675, 684 [2017]). While the words "construction" and "renovation" are not defined in the policy, the underlying plaintiff...

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