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MT VERNON INS CO v. CREATIVE

88 N.Y.2d 347 (1996)

668 N.E.2d 404

645 N.Y.S.2d 433

Mount Vernon Fire Insurance Company, Plaintiff and Counter-Defendant, v. Creative Housing Ltd. et al., Defendants and Counter-Claimants, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Thurm and Heller, New York City (Michael A. Miranda of counsel), for plaintiff and counter-defendant.

Beck & Ianuzzi, P. C., Mineola (Michael Majewski and Nicole Norris of counsel), for defendants and counter-claimants.

Fitzgerald & Fitzgerald, P. C., Yonkers (Brian J. Farrell of counsel), for defendant.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

The United States Court of Appeals for the Second Circuit has certified this matter to us to settle important questions of law in this State respecting insurance coverage (see, 22 NYCRR 500.17). The questions arise from the following facts.

In April 1991, Lynette Hunter was criminally assaulted in an apartment building owned and managed by defendant Creative Housing Ltd. Hunter sued...

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