NEW YORK STATE ELEC. & GAS CORP. v. LEXINGTON INS. CO.


204 A.D.2d 226 (1994)

612 N.Y.S.2d 43

New York State Electric & Gas Corporation, Appellant, v. Lexington Insurance Company et al., Respondents

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

May 26, 1994


We agree with the IAS Court that where plaintiff deliberately removed the blower spacer component from its generating plant for diagnostic testing and preventive maintenance, the resulting downtime cannot be deemed a fortuitous event within the meaning of the subject all risk policies, i.e., an event beyond plaintiff's control (see, A & B Enters. v Hartford Ins. Co., 198 A.D.2d 389, 390; see also, 80 Broad St...

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