A liability insurance policy on a one-story commercial property in Queens cannot cover an accident that occurred during the construction of three additional stories because only the original, one-story structure was insured, a divided state appellate panel has ruled, reversing a Manhattan commercial judge.

The 3-2 panel of the Appellate Division, First Department, yesterday granted summary judgment to the insurer, Seneca Insurance Co., reversing a ruling by Supreme Court Justice Charles Ramos (See Profile).