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GENERALI-U.S. v. CARIBE REALTY

160 Misc.2d 1056 (1994)

612 N.Y.S.2d 296

Generali-U.S. Branch, Plaintiff, v. Caribe Realty Corp. et al., Defendants.

Supreme Court, New York County.

April 13, 1994

Attorney(s) appearing for the Case

Goldberg & Marin, New York City, for plaintiff. Thornton & Tanehaus, New York City, for Daniel Diaz and another, defendants. Wilson, Elser, Moskowitz, Edelman & Dicker, White Plains, for General Accident Insurance Company, defendant. Steven E. Stein, New York City, for Creel Assets, Inc., defendant. Kroll & Tract, White Plains, for Colonia Insurance Company, defendant.

JOAN B. LOBIS, J.

Plaintiff Generali-U.S. Branch (Generali) has commenced the present action for a declaratory judgment against its insured. It seeks a declaration that it has no duty under the commercial general liability policy it issued to the insured to defend or indemnify an action for damages against the insured arising out of the lead poisoning of a child on property owned by the insured. Generali has...

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