438 MANHATTAN AVE., INC. v. INS. CO. OF THE STATE OF PENNSYLVANIA


251 A.D.2d 71 (1998)

673 N.Y.S.2d 687

438 Manhattan Avenue, Inc., Respondent, v. Insurance Company of the State of Pennsylvania, Appellant

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

June 9, 1998


Although defendant insurer made a sufficient showing that the insured premises had at the time of plaintiff's loss been "vacant or unoccupied beyond a period of sixty consecutive days" and, having established that circumstance, concomitantly made out a prima facie case for the applicability of the exclusion upon which it premised its disclaimer of coverage (see, Northville Indus. Corp. v National Union Fire Ins. Co., 89 N.Y.2d 621

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