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ALLEN v. THIMIANA REST. CORP.

202 A.D.2d 381 (1994)

609 N.Y.S.2d 856

Michael Allen et al., Respondents, v. Thimiana Restaurant Corp. et al., Defendants, and Merchants Mutual Insurance Company et al., Appellants

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

March 7, 1994

Ordered that the order is affirmed insofar as appealed from by Merchants Mutual Insurance Company, with costs to the respondents payable by Merchants Mutual Insurance Company.

The plaintiffs' complaint presents a justiciable controversy as to whether the alleged incidents of food poisoning constituted "multiple occurrences" under the subject insurance policy. Accordingly, the Supreme Court properly denied the motion by Merchants...

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