CENTURY 21 DEPT. STORES, LLC v. STARR SURPLUS LINES INS. CO.

Index No. 652975/20, Appeal No. 1249, Case No. 2022-00984.

2024 NY Slip Op 02091

CENTURY 21 DEPARTMENT STORES, LLC, ET AL., Plaintiffs-Appellants, v. STARR SURPLUS LINES INSURANCE CO., ET AL., Defendants-Respondents.

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

Decided April 18, 2024.


Attorney(s) appearing for the Case

Weg and Myers, P.C., Rye Brook ( Joshua L. Mallin of counsel), and McCarter & English, LLP, New York ( Sherilyn Pastor of counsel), for appellants.

Robinson & Cole LLP, New York ( Shivang S. Gandhi of counsel), for Starr Surplus Lines Insurance Co., Liberty Mutual Fire Insurance Co., Steadfast Insurance Co., Landmark American Insurance Co., respondents.

Clyde & Co US LLP, New York ( William M. Cooney of counsel), for Endurance American Specialty Insurance Co., respondent.

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

McClellan Bernstiel, LLP, New York ( Cynthia L. Bernstiel of counsel), for Evanston Insurance Company, respondent.

Kennedys CMK LLP, New York ( Joanna L. Young of counsel), for Axis Surplus Lines Insurance Company, respondent.

Zelle LLP, New York ( Isabella K. Stankowski-Booker of counsel), for QBE Specialty Insurance Company, respondent.

Before: Kapnick, J.P., Kennedy, Rodriguez, Pitt-Burke, Rosado, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered February 22, 2022, which, to the extent appealed from, granted defendant insurers' motions to dismiss the complaint, unanimously affirmed, without costs.

Where "an insured seeks to recover for a loss under an insurance policy", the insured "has the burden of proving that a loss occurred and also that the loss was a covered event within the terms of the policy" (Consolidated Rest. Operations, Inc...

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