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THROGS NECK BAGELS v. GA INS.

241 A.D.2d 66 (1998)

671 N.Y.S.2d 66

Throgs Neck Bagels, Inc., Doing Business as A-Whole Lot of Bagels, Respondent, v. GA Insurance Company of New York, Appellant. (And a Third-Party Action.)

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

April 9, 1998

Attorney(s) appearing for the Case

Molly Klapper of counsel, New York City (Weg & Myers, P. C., attorneys), for respondent.

Renee M. Plessner of counsel, New York City (Arthur N. Brook on the brief; Mound, Cotton & Wollan, attorneys), for appellant.

SULLIVAN, J. P., ROSENBERGER and NARDELLI, JJ., concur.

ELLERIN, J.

The question before us, one that does not appear to have been previously addressed by our courts, involves the scope and import of the "enforcement of ordinance or law exclusion" in a business owners' insurance policy that provides underlying coverage for losses to property due to specified perils including fire or explosion.

Plaintiff was the owner and operator of a bagel store in leased...

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