CHELSEA PROPERTIES INC. v. WESCO INSURANCE COMPANY

Index No. 650590/19. Appeal No. 17129. Case No. 2021-03968.

212 A.D.3d 497 (2023)

183 N.Y.S.3d 26

2023 NY Slip Op 00232

Chelsea Properties Inc. et al., Appellants, v. Wesco Insurance Company et al., Respondents.

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

Decided January 19, 2023.


Attorney(s) appearing for the Case

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

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

Hurwitz Fine P.C., Buffalo ( Brian D. Barnas of counsel), for Union Mutual Fire Insurance Company, respondent.

Concur—Renwick, J.P., Webber, Moulton, González, Rodriguez, JJ.


Order, Supreme Court, New York County (Arthur Engoron, J.), entered September 28, 2021, which granted defendants' motions for summary judgment dismissing the complaint, unanimously modified, on the law, to deny defendant Wesco Insurance Company's (Wesco) motion and reinstate the complaint against it, and otherwise affirmed, without costs.

Plaintiffs seek insurance coverage for damage and losses stemming from an incident on August 6, 2018, in which bricks allegedly...

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