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SSBSS REALTY CORP. v. PUB. SERV. MUT. INS. CO.

253 A.D.2d 583 (1998)

677 N.Y.S.2d 136

SSBSS Realty Corp. et al., Respondents, v. Public Service Mutual Insurance Company, Appellant

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

September 3, 1998

Plaintiffs SSBSS Realty Corp., Pelham Bay Diner Inc. and Gerassimos Stefanitsis, owners and operators of the Pelham Bay Diner (collectively, the Insured), seek a judgment declaring that defendant Public Service Mutual Insurance Company has a duty to defend and indemnify them in an underlying action, pursuant to a liability insurance policy. The complaint in the underlying action alleges that on September 24, 1992, Rose Befi, a 70-year-old woman, was injured when she tripped...

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