SEARCH

UMF Contracting Corp. v. Arch Specialty Ins. Co.

Noteworthy

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER This is an action seeking a declaratory judgment that defendants — all insurance companies — are required by various policies of insurance to defend and indemnify plaintiff — a contractor — in connection with allegations and claims asserted in an underlying real property damage action in which plaintiff has been sued (452 E. 118th St. LLC, et al. v. 329 Pleasant Ave. Mazal Holdings LLC, et al., index No. 151437/17 [Sup Ct NY County]) (the “Underlying Action”). Defendant Arch Specialty Insurance Company moves herein to dismiss this declaratory judgment action on the force of a “Subsidence Exclusion” contained in the policy of insurance which it issued to plaintiff. For the reasons set forth herein, the motion is denied.The court has considered the following e-filed submissions of the parties: document Nos. 3 through 12 (the moving papers); 17 through 19 (the opposition papers); and 20 (the reply papers). The court has also received and considered the oral argument of counsel for the parties, on the Part 38 return date of February 21, 2019.BACKGROUNDThe Underlying Action:The Underlying Action was commenced by an owner of a building located at 452 Pleasant Avenue, New York, New York, abutting real property known as 329 Pleasant Avenue, New York, New York (Second Amended Verified Complaint in the Underlying Action¹ [the "Underlying Complaint"]

11-14). As alleged, the owner of 329 Pleasant Avenue had undertaken to develop its property by constructing an eight-story, twenty-unit, residential building thereat. To accomplish this, it retained several construction-related companies to perform the work (see, id.,

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

ATTORNEY - NJ and NY

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...

Apply Now ›

Labor Relations Counsel

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...

Apply Now ›

Assistant Federal Public Defenders (2 jobs)

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›