WILCZAK v. RUDA & CAPOZZI, INC.


203 A.D.2d 944 (1994)

611 N.Y.S.2d 73

Julian Wilczak et al., Respondents, v. Ruda & Capozzi, Inc., Doing Business as Lamp Post Lounge, et al., Defendants, and Co-Operative Fire Insurance Corporation of Bergholz, Appellant

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

April 15, 1994


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs' motion for summary judgment and in declaring that defendant insurance company (insurer) had a duty to defend and indemnify codefendants with respect to all causes of action alleged in plaintiffs' complaint. The issue is whether the insurer's almost two-month delay in disclaiming coverage, following late notice...

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