HENRY MODELL & CO., INC. v. GEN. INS. CO. OF TRIESTE & VENICE


193 A.D.2d 412 (1993)

597 N.Y.S.2d 75

Henry Modell and Company, Inc., Appellant, v. General Insurance Company of Trieste & Venice, Doing Business as Generali, Respondent

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

May 6, 1993


The IAS Court properly determined that plaintiff insured's claim for loss and damage to its retail store merchandise allegedly caused by dust, dirt and debris infiltrating and permeating the insured's premises as a result of a neighboring Metropolitan Transportation Authority subway construction project was not covered under the policy of commercial property insurance issued by the defendant to the plaintiff by reason of the plaintiff's failure to give timely notice of the...

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