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SAYREVILLE SEAPORT ASSOC. URBAN RENEWAL, L.P. v. INDIAN HARBOR INS. CO.

Index No. 651626/21. Appeal No. 17222. Case No. 2022-02167.

213 A.D.3d 427 (2023)

181 N.Y.S.3d 571

2023 NY Slip Op 00505

Sayreville Seaport Associates Urban Renewal, L.P., Appellant, v. Indian Harbor Insurance Company, Respondent.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Lowenstein Sandler LLP, New York ( Michael D. Lichtenstein of counsel), for appellant.

Porzio, Bromberg & Newman, P.C., New York ( Charles J. Stoia of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered April 13, 2022, which granted defendant's motion pursuant to CPLR 3211(a)(1), declared that defendant did not owe a coverage obligation under the insurance policy it had issued to plaintiff, and otherwise dismissed the complaint, unanimously affirmed, without costs.

According to the complaint, in 2008, plaintiff entered into a long-term ground lease to develop several parcels of property located in...

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