From Casetext: Smarter Legal Research

Terrasure Development LLC v. Illinois Union Insurance

Supreme Court, Appellate Division, First Department, New York.
May 20, 2014
986 N.Y.S.2d 83 (N.Y. App. Div. 2014)

Opinion

2014-05-20

TERRASURE DEVELOPMENT LLC, et al., Plaintiffs–Appellants, v. ILLINOIS UNION INSURANCE COMPANY, Defendant–Respondent.

Garrity, Graham, Murphy, Garofalo & Flinn, P.C., New York (Francis X. Garrity of counsel), for appellants. Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne (Meryl R. Lieberman of counsel), for respondent.



Garrity, Graham, Murphy, Garofalo & Flinn, P.C., New York (Francis X. Garrity of counsel), for appellants. Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne (Meryl R. Lieberman of counsel), for respondent.
, P.J., FRIEDMAN, MOSKOWITZ, FREEDMAN, KAPNICK, JJ.

Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered August 21, 2013, which denied plaintiffs' motion for summary judgment declaring that defendant Illinois Union Insurance Company was obligated to provide plaintiffs coverage under the Environmental Remediation Cost Containment Policy defendant issued to them, and granted defendant's cross motion for a declaration that it was not required to provide plaintiffs coverage, unanimously affirmed, without costs.

The motion court correctly determined that plaintiffs failed to comply with numerous conditions precedent to coverage under the policy, vitiating the contract as a matter of law ( see e.g. Great Canal Realty Corp. v. Seneca Ins. Co., Inc., 5 N.Y.3d 742, 800 N.Y.S.2d 521, 833 N.E.2d 1196 [2005] ), including the requirement to provide timely notice of any pollution condition which might result in excess remediation costs.

We have considered plaintiffs' remaining arguments and find them unavailing.


Summaries of

Terrasure Development LLC v. Illinois Union Insurance

Supreme Court, Appellate Division, First Department, New York.
May 20, 2014
986 N.Y.S.2d 83 (N.Y. App. Div. 2014)
Case details for

Terrasure Development LLC v. Illinois Union Insurance

Case Details

Full title:TERRASURE DEVELOPMENT LLC, et al., Plaintiffs–Appellants, v. ILLINOIS…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 20, 2014

Citations

986 N.Y.S.2d 83 (N.Y. App. Div. 2014)
117 A.D.3d 559
2014 N.Y. Slip Op. 3614