Plaintiff's claim for lost profits upon the sale of the property was properly dismissed because the insured, plaintiff's assignor, did not submit a separate claim for such lost profits within the policy period of the subject claims made policy (see, Rochwarger v. National Union Fire Ins. Co., 192 A.D.2d 305). Such lost profits, allegedly attributable to the negative perception of the contemplated residential development caused by the oil spill, are, as the IAS court held, distinct from any property damage caused by the spill "in terms of when they arose and what they encompass". Nor do such lost profits appear to constitute "property damage" caused by "pollution conditions" to "tangible property", as required by the policy (cf., 235 A.D.2d 202, 204-205).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.