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MARTINI v. LAFAYETTE STUDIOS

177 Misc.2d 383 (1998)

676 N.Y.S.2d 808

Rafael Martini, Also Known as Rafael Pandas, Individually and on Behalf of Lafayette Studios Corp. and All Others Similarly Situated, Plaintiff, v. Lafayette Studios Corp. et al., Defendants and Third-Party Plaintiffs. Firemen's Insurance Company of Washington, D.C., et al., Third-Party Defendants.

Supreme Court, New York County.

June 18, 1998

Attorney(s) appearing for the Case

Hanley, Goble & Dennis, New York City, for defendants and third-party plaintiffs. Stuart M. Herz, Garden City, for Firemen's Insurance Company of Washington, D.C., third-party defendant. Lester Schwab Katz & Dwyer, New York City, for Atlantic Mutual Insurance Company, third-party defendant. Lustig & Brown, New York City, for B & B Coverage Ltd., third-party defendant. Morrell I. Berkowitz, New York City, for plaintiff.

EDWARD H. LEHNER, J.

The central issue posed by the various motions before me is whether an insurance company, which 15 months after it agreed to defend an action notified the insured that it would not provide coverage because the underlying claim was not made during the policy period, may be estopped from denying coverage.

Pending are motions for summary judgment: (i) by defendants and third-party...

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