11 Essex St. Corp. v Tower Ins. Co. of N.Y. (2006 NY Slip Op 05210)

11 Essex St. Corp. v Tower Ins. Co. of N.Y.

2006 NY Slip Op 05210 [30 AD3d 348]

June 29, 2006

Appellate Division, First Department

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

As corrected through Wednesday, August 23, 2006

11 Essex Street Corp., Respondent,
v
Tower Insurance Company of New York, Appellant.

—[*1]Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 1, 2005, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, and granted plaintiff's cross motion to strike the fifth affirmative defense, unanimously affirmed, with costs, for the reasons stated in 242-44 E. 77th St., LLC v Greater N.Y. Mut. Ins. Co. (31 AD3d 100, 105-106 [2006]). Concur—Buckley, P.J., Sullivan, Williams, Catterson and McGuire, JJ.