Order, Supreme Court, New York County (Herman Cahn, J.), entered November 30, 2005, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
In this action to recover on an all-risk commercial property and general liability insurance policy issued to plaintiff, the “Ordinance or Law” endorsement in the insurance policy
In light of this determination, we need not reach the issue of whether the loss is covered under defendant’s “wear and tear” exclusion as a matter of law. Concur—Mazzarelli, J.E, Friedman, Gonzalez, Catterson and Malone, JJ.
