Fanberg Realty Corp. v. Travelers Companies

• Decision Date: 03 February 1986
• Citation: Fanberg Realty Corp. v. Travelers Companies, 498 N.Y.S.2d 53, 117 A.D.2d 582 (N.Y. App. Div. 1986)
• Parties: FANBERG REALTY CORPORATION, Respondent, v. The TRAVELERS COMPANIES, et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 53

498 N.Y.S.2d 53

117 A.D.2d 582

FANBERG REALTY CORPORATION, Respondent, v. The TRAVELERS COMPANIES, et al., Appellants.

Supreme Court, Appellate Division Second Department.

Feb. 3, 1986.

Greenhill, Speyer & Thurm, New York City, N.Y. (Margaret M. O'Neill of counsel), for appellants.

McLaughlin, McLaughlin & Neimark, Brooklyn, (Harold J. McLaughlin of counsel), for respondent.

Before GIBBONS, J.P., and THOMPSON, NIEHOFF and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for breach of a contract of insurance, defendants appeal from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated June 6, 1984, as denied their motion for summary judgment.

Order reversed insofar as appealed from, on the law, with costs, motion granted and complaint dismissed.

Plaintiff owned an apartment building which was destroyed as the result of the collapse of an adjoining building while the latter was undergoing renovation. Defendants were the insurers of plaintiff's building at the time of the collapse. Plaintiff asserts that the policy covers its loss, claiming that it falls within the paragraph which insures against damage by "vandalism or malicious mischief". The policy defines this phrase as "direct loss by willful and malicious damage to or destruction of property". Plaintiff claims that the contractors working at the adjacent building failed to obtain a proper building permit and removed the main supporting members of the adjacent building and that this conduct constitutes malicious mischief within the meaning of the policy. Defendants moved for summary judgment on the ground the policy did not cover the claimed loss. Plaintiff cross-moved for summary...