VINEYARD SKY, LLC plf-res, v. IAN BANKS, INC., def, EVEREST NATIONAL INSURANCE COMPANY, def-res, PCF STATE RESTORATION, INC. def-ap

13689. VINEYARD SKY, LLC plf-res, v. IAN BANKS, INC., def, EVEREST NATIONAL INSURANCE COMPANY, def-res, PCF STATE RESTORATION, INC. def-ap — EVEREST NATIONAL INSURANCE COMPANY, Third-Party Plaintiff res, v. THOMAS MELONE, Third-Party def-res, BROWN HARRIS STEVENS, Third-Party def — Litchfield Cavo LLP, New York (Michael J. Kozoriz of counsel), for ap — Thomas M. Melone, New York, for Vineyard Sky, LLC, Allco Realty, LLC, res, and respondent pro se. Stewart Bernstiel Rebar & Smith, New York (Michael J. Smith of counsel), for Everest National Insurance Company, res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered October 4, 2013, which, to the extent appealed from, denied defendants PCF State Restoration, Inc. (PCF) and Endurance American Insurance Company's (Endurance) motion to dismiss the second, sixth, seventh and eighth causes of action sounding in breach of contract, unanimously modified, on the law, to dismiss the sixth through eighth causes of action, and otherwise affirmed, without costs.

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13689. VINEYARD SKY, LLC plf-res, v. IAN BANKS, INC., def, EVEREST NATIONAL INSURANCE COMPANY, def-res, PCF STATE RESTORATION, INC. def-ap — EVEREST NATIONAL INSURANCE COMPANY, Third-Party Plaintiff res, v. THOMAS MELONE, Third-Party def-res, BROWN HARRIS STEVENS, Third-Party def — Litchfield Cavo LLP, New York (Michael J. Kozoriz of counsel), for ap — Thomas M. Melone, New York, for Vineyard Sky, LLC, Allco Realty, LLC, res, and respondent pro se. Stewart Bernstiel Rebar & Smith, New York (Michael J. Smith of counsel), for Everest National Insurance Company, res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered October 4, 2013, which, to the extent appealed from, denied defendants PCF State Restoration, Inc. (PCF) and Endurance American Insurance Company’s (Endurance) motion to dismiss the second, sixth, seventh and eighth causes of action sounding in breach of contract, unanimously modified, on the law, to dismiss the sixth through eighth causes of action, and otherwise affirmed, without costs.

Plaintiffs, property owners that are alleged additional insureds under a commercial general liability policy (CGL) issued by Endurance to PCF, a roofing subcontractor that performed work at plaintiffs’ property, have no right to coverage under the policy for losses resulting from water damage to the property allegedly caused by PCF’s failure to adequately cover the building’s roof, allowing heavy rains to infiltrate the upper floors of the building. The CGL policy provides coverage for claims brought by third parties; it does not provide first-party coverage for damage to plaintiffs’ own property (see The Gap, Inc. v. Fireman’s Fund Ins. Co., 11 AD3d 108 [1st Dept 2004]; Sus, Inc. v. St. Paul Traveler Group, 75 AD3d 740 [3d Dept 2010]).

VINEYARD SKY, LLC plf-res, v. IAN BANKS, INC., def, EVEREST NATIONAL INSURANCE COMPANY, def-res, PCF STATE RESTORATION, INC. def-ap

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