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GELB v. ELROY ENTERS., INC.

170 A.D.2d 481 (1991)

Michele B. Gelb, Individually and as Administratrix of The Estate of Henry Gelb, Deceased, et al., Appellants, v. Elroy Enterprises, Inc., et al., Respondents

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

February 11, 1991

Ordered that the order is affirmed, with costs to the respondent Hartford Accident and Indemnity Company.

The law is settled that when the terms and conditions of a policy of insurance are clear and unambiguous, the construction of the policy presents questions of law to be determined by the court (see, Dubay v Trans-America Ins. Co., 75 A.D.2d 312, 316). If, however, there is ambiguity in the terminology used in an...

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