N.Y. Landlord Not Covered for COVID-19 Losses, State Judge Rules
February 23, 2022
NEW YORK — A New York landlord lost its battle for coverage of its COVID-19 losses in state court after a judge determined it did not sustain “direct physical loss or damage” to its insured property.
On Feb. 22, Judge Andrew Borrok of the New York County Supreme Court ruled that the virus simply did not cause physical alteration or damage to TopGun 21 Astor LLC’s premises.
“Cleaning addresses any viral concerns, and the use of personal protective equipment can be employed to reduce any viral transmission,” the judge explained in granting Certain Underwriters at Lloyd’s London’s motion to dismiss, …