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COOKIES ON FULTON, INC. v. ASPEN SPECIALTY INS. CO.

Index No. 655549/18, Appeal No. 16237-16237A, Case No. 2022-00126, 2022-00137.

206 A.D.3d 587 (2022)

168 N.Y.S.3d 845

2022 NY Slip Op 04219

Cookies on Fulton, Inc., et al., Appellants-Respondents, v. Aspen Specialty Insurance Company, Respondent-Appellant.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Blank Rome LLP, New York (David M. Jacobson of counsel), for appellants-respondents.

Goldberg Segalla, LLP, Buffalo (Adam R. Durst of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

Defendant failed to establish prima facie that the underlying personal injury sustained during plaintiff's work replacing lightbulbs in the stockrooms of the instant plaintiffs' store constitutes construction- or renovation-related activity (see Lend Lease [US] Constr. LMB Inc. v Zurich Am. Ins. Co., 28 N.Y.3d 675, 684 [2017]). While the words "construction" and "renovation" are not defined in the policy, the underlying plaintiff...

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