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ANCHOR v. UNDERWRITERS

146 Misc.2d 545 (1990)

Anchor Armored Delivery, Inc., Plaintiff, v. Certain Underwriters at Lloyd's of London, Defendants.

Supreme Court, Queens County.

February 6, 1990

Attorney(s) appearing for the Case

Bandes & Byrnes, P. C., for plaintiff. Kroll & Tract for defendants.

STANLEY B. KATZ, J.

The plaintiff has moved for an order dismissing the first affirmative defense.

On or about November 21, 1983, the defendants, Certain Underwriters at Lloyd's of London, issued an insurance policy covering the plaintiff's business, which involved the delivery of cargoes in armored trucks. The policy reads in relevant part:

"It is hereby understood and agreed that, effective 21st November 1983 it is a warranty of this...

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