EMPIRE ASSOCS. v. NORTH RIVER INS. CO.


224 A.D.2d 270 (1996)

637 N.Y.S.2d 417

Empire Associates et al., Respondents, v. North River Insurance Company et al., Appellants

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

February 13, 1996


Since plaintiffs did not have keys to the safety deposit boxes of their tenants, but merely controlled access into and provided independent security guard services for the vault room where the boxes were located, defendants were contractually required to defend and indemnify plaintiffs when they were sued by one of their tenants for losses sustained as a result of the theft of diamonds from its box. The exclusion provisions contained in the insurance policies were not applicable...

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