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MATERNITY WEARHOUSE INC. v. STARR INDEM. & LIAB. CO.

Index No. 653782/19. Appeal No. 16495. Case No. 2021-04685.

209 A.D.3d 563 (2022)

177 N.Y.S.3d 26

2022 NY Slip Op 05925

Maternity Wearhouse Inc., Doing Business as Maternity Warehouse Inc., Appellant, v. Starr Indemnity & Liability Company, Respondent.

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

Decided October 20, 2022.

Attorney(s) appearing for the Case

Lerner, Arnold & Winston, LLP, New York ( Anne Marie Bossart , of counsel) for appellant.

Kelly & Curtis, LLP, New York ( Andrew I. Mandelbaum , of counsel) for respondent.

Concur—Gische, J.P., Kern, Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered July 2, 2021, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly granted summary judgment to defendant, finding that plaintiff's claimed loss resulting from a June 2018 water leak was not covered by the insurance policy...

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