NAROB DEV. CORP. v. INS. CO. OF NORTH AM.


219 A.D.2d 454 (1995)

631 N.Y.S.2d 155

Narob Development Corp. et al., Respondents, v. Insurance Company of North America, Appellant

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

September 7, 1995


The policy exclusion at issue barred recovery by plaintiffs, and the trial court erred in denying defendant a directed verdict. After finding that the evidence presented at trial established that the retaining wall collapsed due to plaintiffs' defective workmanship and that the first sentence of "Exclusion 9" of the insurance policy barred recovery by plaintiffs, the trial court misinterpreted the second sentence, which provides an exception to the exclusion and reads as...

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