CBG JANOVIC MGT. CORP. v. MASSACHUSETTS BAY INS. CO.

Index No. 152447/19. Appeal No. 15553. Case No. 2021-02707.

203 A.D.3d 571 (2022)

162 N.Y.S.3d 704

2022 NY Slip Op 01962

CBG Janovic Management Corp., et al., Appellants, v. Massachusetts Bay Insurance Company, Respondent.

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

Decided March 22, 2022.


Attorney(s) appearing for the Case

Law Office of Craig A. Blumberg, New York (Craig A. Blumberg of counsel), for appellants.

Finazzo Cossolini O'Leary Meola & Hager, LLC, New York (Jeremiah L. O'Leary of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.


The trial court properly granted defendant's motion for summary judgment dismissing the complaint because the evidence established that Massachusetts Bay Insurance Company (Massachusetts Bay) did not breach any condition of the Policy. Plaintiff's business was rendered wholly unusable by the collapse of a ceiling. The insurer paid plaintiff for the loss of business income during the ceiling restoration period. The insurer, however, denied coverage for the rent plaintiff paid...

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