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EMPLOYERS-COMMERCIAL INS. v. BUONOMO

41 A.D.2d 285 (1973)

Employers-Commercial Union Insurance Companies of America, Appellant, v. Robert Buonomo, Doing Business as Fountainbleu Coiffures, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 13, 1973.

Attorney(s) appearing for the Case

Bayer & Dupee (Jon Charles Dupee of counsel), for appellant.

Chikovsky & Snyder (Leonard A. Snyder of counsel), for respondents.

WITMER, MOULE and SIMONS, JJ., concur with DEL VECCHIO, J. P.; CARDAMONE, J., dissents and votes to affirm in opinion.

DEL VECCHIO, J. P.

This appeal by an insurer presents the question whether the insurer's disclaimer under a beauty shop malpractice, products and premises liability policy, based on the insured's failure to comply with the condition of the policy requiring co-operation, is valid. The trial court has held that it is not, and that the plaintiff insurer is bound to defend the defendant Buonomo, doing business as Fountainbleu Coiffures, against the claim...

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