Stars Jewelry by A Jeweler Corp. v. Hanover Insurance Group, Inc.Stars Jewelry by A Jeweler Corp. v. Hanover Insurance Group, Inc.
Ordered that the order is affirmed, with costs.
“[A] contract is to be construed in accordance with the parties’ intent, which is generally discerned from the four corners of the document itself” (MHR Capital Partners LP v Presstek, Inc., 12 NY3d 640, 645 [2009]). Accordingly, ” ‘when parties set down their agreement in a clear, complete document, their writing should ... be enforced according to its terms’ ” (Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 NY3d 470, 475 [2004], quoting W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162 [1990]). “A condition precedent is ‘an act or event, other than a lapse of time, which, unless the condition is excused, must occur before a duty to perform a promise in [an] agreement arises’ ” (Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 NY2d 685, 690 [1995], quoting Calamari & Perillo, Contracts § 11-2 at 438 [3d ed]). “Express conditions are those agreed to and imposed by the parties themselves,” and they “must be literally performed” (Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 NY2d at 690).
Here, the defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff failed to comply with the record-keeping requirements set forth in the subject insurance policy, which was a clear condition precedent to coverage (see generally Licht v New York Indem. Co., 250 NY 211 [1928]; Simon v State Natl. Ins. Co., 47 AD3d 701, 702 [2008]; Globe Jewelry v Pennsylvania Ins. Co., 72 Misc 2d 563, 564 [1973]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly granted the defendant‘s motion for summary judgment dismissing the complaint.
Mastro, J.P., Lott, Roman and Cohen, JJ., concur.