Opinion
3300.
Decided May 6, 2004.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered July 11, 2003, which, inter alia, granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment, unanimously affirmed, with costs.
Freeman Lewis LLP, New York (Robert Y. Lewis of counsel), for appellant.
Kaufman Borgeest Ryan, LLP, New York (Ariel Michael Furman of counsel), for respondent.
Before: Mazzarelli, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.
In 1997, an officer of plaintiff became a target of a federal grand jury investigation. The following year, a criminal information charged unnamed officers of plaintiff with participating in a fraudulent scheme. Taking the plain and ordinary meaning of the contract terms ( McGrail v. Equitable Life Assur. Socy., 292 N.Y. 419, 424) within the four corners of the insurance policy ( W.W.W. Assoc. v. Giancontieri, 77 N.Y.2d 157, 162), the court properly concluded that the formal investigatory proceedings commenced in 1997 and 1998 constituted a "claim" lodged against plaintiff prior to the policy period, and thus was not covered thereunder.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.