Gap, Inc. v Fireman's Fund Insurance Company (2004 NYSlipOp 06593)

Gap, Inc. v Fireman's Fund Ins. Co.

2004 NYSlipOp 06593

Decided on September 16, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 16, 2004
Nardelli, J.P., Tom, Ellerin, Williams, Lerner, JJ.

[*1]
3283 The Gap, Inc., Plaintiff-Respondent, -against-

v

Fireman's Fund Insurance Company, Defendant-Appellant.

Lustig & Brown, LLP, New York (Michael L. Stonberg of
counsel), for appellant.
McAndrew, Conboy & Prisco, LLP, Woodbury (Robert M.
Ortiz of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 19, 2002, reversed, on the law, without costs, defendant's motion for summary judgment declaring that no coverage exists in favor of plaintiff under the insurance policy granted, the complaint otherwise dismissed and plaintiff's cross motion for partial summary judgment denied. The Clerk is directed to enter judgment accordingly.

Opinion by Ellerin, J. All concur.

Order filed.