New York Court Grants Insured's Motion to Dismiss Construction Defect Case and Awards Fees to Insured

Businessman with his hand raised in dismissal

Attorney Tred R. Eyerly analyzes Utica Mut. Ins. Co. v. Crystal Curtain Wall Sys. Corp.

February 5, 2024
Tred R. Eyerly - Insurance Law Hawaii

The New York Supreme Court granted the insured's motion to dismiss the insurer's complaint seeking relief on its duty to indemnity and awarded fees to the insured. Utica Mut. Ins. Co. v. Crystal Curtain Wall Sys. Corp., 2023 N.Y. Misc. LEXIS 22368 (N.Y. Sup. Ct. Nov. 27, 2023).

The case arose from a construction-related property damage action. Crystal entered a subcontract with the general contractor to design and install window and curtain systems in mixed residential and commercial buildings. When unit owners took possession, water infiltration during a rainstorm caused property damage and moldy conditions.

The unit owners sued asserting claims against Crystal for the cost of repair or replacement of the allegedly defective curtain wall, damage to unit owners' personal property, diminution in value of the units, and delay damages consisting of increasing interest and carrying costs.

Mr. Eyerly may be contacted at


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