Appellate Division of the Supreme Court of the State of New York April 14, 2011 (City of Elmira v. Selective Insurance)

Peters, J.P.

Cross appeals from an order of the Supreme Court (O’Shea, J.), entered April 7, 2010 in Chemung County, which denied defendant’s motion for summary judgment dismissing the complaint and partially granted plaintiffs motion for summary judgment.

Plaintiff owned a historic three-story brick building in the City of Elmira, Chemung County known as the Armory Building.