SCHARF v. GENERALI—U.S. BRANCH


259 A.D.2d 349 (1999)

687 N.Y.S.2d 47

ABRAHAM SCHARF et al., Respondents, v. GENERALI—U.S. BRANCH, Appellant.

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

Decided March 16, 1999.


We agree with Supreme Court that plaintiff owners' receipt of the Health Department's Order to Abate Nuisance did not trigger their obligation under the subject insurance contract to notify defendant of a potential claim. The Order to Abate Nuisance did not apprise the owners that a particular infant tenant in their building had been injured by elevated lead levels in his apartment and thus did not place them on notice of "a concrete threat of litigation" (see, Public...

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