K.J.D.E. Corp. v Hartford Fire Ins. Co. (2011 NY Slip Op 08420)

K.J.D.E. Corp. v Hartford Fire Ins. Co.

2011 NY Slip Op 08420 [89 AD3d 1533]

November 18, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 4th, 2012

K.J.D.E. Corp., Doing Business as K.J. Electric, et al., Respondents , v The Hartford Fire Insurance Company, Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] Goldberg Segalla LLP, Buffalo (Daniel W. Gerber of counsel), for defendant-appellant.

Richard P. Plochocki, Syracuse, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered August 11, 2010. The order, insofar as appealed from, denied those parts of the motion of defendant The Hartford Fire Insurance Company for summary judgment dismissing plaintiffs' fourth and fifth causes of action.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and judgment is granted in favor of The Hartford Fire Insurance Company as follows:

It is adjudged and declared that plaintiffs' losses are not covered by the insurance policy at issue.

Same memorandum as in K.J.D.E. Corp. v Hartford Fire Ins. Co. ([appeal No. 1] 89 AD3d 1531 [2011]). Present—Scudder, P.J., Smith, Sconiers, Gorski and Martoche, JJ.