In Park City Estates Tenants Corp v. Gulf Ins. Co. (2005 NY Slip Op 30218(U), 2005 WL 6069493 [Sup Ct, NY County 2005], affd 33 A.D.3d 484, 823 N.Y.S.2d 127 [1st Dept 2006]), the court granted the insurer's dispositive motion.
In that case, a tenant pierced a two-inch gas line while attempting to remove a concrete step in which the gas pipe was embedded and the gas company came to the premises and locked the gas valve.
Before the gas was turned back on, the owner was required to have the gas pipe system tested in accordance with the Building Code.
The gas pipe system failed the test and had to be repaired.
The court held that the insurer was not responsible to the owner for the costs of the testing and repairs and that such costs were excluded by the ordinance or law endorsement exclusion in the policy.