| Northport Land Corp. v Zurich N. Am. Ins. |
| 2012 NY Slip Op 06589 [99 AD3d 683] |
| October 3, 2012 |
| Appellate Division, Second Department |
| Northport Land Corp., Appellant, v Zurich North AmericaInsurance, Respondent. |
—[*1] Clausen Miller, P.C., New York, N.Y. (Don Ray Sampen, Chicago, Illinois, pro hac vice,Christopher T. Scanlon, and Melinda S. Kollross of counsel), for respondent.
In an action for a judgment declaring that the defendant is obligated to pay, inter alia, the costof the removal and replacement of certain underground storage tanks and pipes, and to defendand indemnify the plaintiff in any actions arising out of the contamination of property, theplaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, SuffolkCounty (Pines, J.), dated January 4, 2011, as granted the defendant's motion for summaryjudgment, in effect, declaring that it is not so obligated.
Ordered that the order is affirmed insofar as appealed from, with costs, and the matter isremitted to the Supreme Court, Suffolk County, for the entry of an appropriate declaratoryjudgment.
The Supreme Court properly granted the defendant's motion for summary judgment. Thedefendant established, prima facie, that the subject insurance policy did not cover the plaintiff'sclaims (see generally Lancer Ins. Co. vWhitfield, 61 AD3d 724, 725 [2009]; Fontanelli v Hanover Ins. Co., 48 AD3d 413, 414 [2008]), and, inopposition, the plaintiff failed to raise a triable issue of fact.
Since this is a declaratory judgment action, the matter must be remitted to the SupremeCourt, Suffolk County, for the entry of an appropriate declaratory judgment (see Lanza vWagner, 11 NY2d 317 [1962], appeal dismissed 371 US 74 [1962], cert denied371 US 901 [1962]). Dillon, J.P., Dickerson, Austin and Miller, JJ., concur. [Prior CaseHistory: 2011 NY Slip Op 30137(U).]