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Schlamm Stone & Dolan, LLP v. Seneca Ins. Co.

Supreme Court of New York, New York County

March 4, 2005, Decided

603009/2002

Opinion

Karen S. Smith, J.

Defendant Seneca Insurance Company, Inc.'s motion, pursuant to CPLR § 3212, for an order granting summary judgment against plaintiff Schlamm Stone & Dolan, LLP is granted solely to the extent of dismissing plaintiff's claim for business loss arising from September 11 to September 16 and is denied as to the remainder of plaintiff's claim.

This action arises out of plaintiff's claim, pursuant to a Special Business Owners insurance policy ("the Policy") issued by defendant, for business losses caused by the conditions in lower Manhattan following the collapse of the World Trade Center towers on September 11, 2001. Defendant now moves for summary judgment against plaintiff on the ground that the policy does not provide coverage for the losses plaintiff claims.

The following facts are contained in defendant's moving papers and plaintiff's response and are not in dispute. Plaintiff is a law firm [***2]  with offices in a building located at 26 Broadway, New York, New York. On July 10, 2001, plaintiff renewed its Policy with defendants. The policy provides coverage for losses due to damage to plaintiff's business premises. In particular, Section I, Coverage C of the Policy contains the following provision

This policy covers the actual business loss sustained by the insured and the expenses necessarily incurred to resume normal business operations resulting from the interruption of business or the untenantability of the premises when the building or the personal property is damaged as a direct result of an insured peril.

(Policy, p. 2). There is no contention that, at any time relevant, the Policy was not in effect.

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6 Misc. 3d 1037(A) *; 800 N.Y.S.2d 356 **; 2005 N.Y. Misc. LEXIS 448 ***; 2005 NY Slip Op 50324(U) ****

 [****1]  Schlamm Stone & Dolan, LLP, Plaintiff, v. Seneca Insurance Company, Respondent

Notice:  [***1]  THIS OPINION IS UNCORRECTED AND WILL NOT BE PUBLISHED IN THE PRINTED OFFICIAL REPORTS.

Disposition: Defendant's motion for summary judgment granted in part and denied in part.

CORE TERMS

particles, air, plaintiff's claim, business loss, losses, premises, coverage, insurer, surfaces, dust, property damage, noxious, business interruption, summary judgment, vacate an order, carpets, issue of fact, alleges, Towers, argues