INS. CO v. 156 HAMILTON RLTY


72 A.D.2d 403 (1980)

Insurance Company of Greater New York, Respondent, v. 156 Hamilton Realty Corp., Defendant, and Craig Moore, an Infant by Paulina Moore, His Parent, et al., Appellants

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

February 7, 1980


Attorney(s) appearing for the Case

Barbara Doblin Tilker for appellants.

Arthur R. Martoccia for respondent.

BIRNS and LUPIANO, JJ., concur with MURPHY, P. J.; MARKEWICH and SILVERMAN, JJ., dissent in part in an opinion by SILVERMAN, J.


MURPHY, P. J.

The plaintiff, Insurance Company of Greater New York, insured the corporate defendant's building during the period June 26, 1971 to June 26, 1972. Defendants Craig Moore and his mother, Paulina, resided in an apartment in that building. On May 20, 1972, Craig, then one and one-half years old, allegedly ingested paint chips while in the apartment. The Commissioner of Health was apprised of this occurrence...

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