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WESTVIEW v. GUARANTY INS. CO.

95 N.Y.2d 334 (2000)

740 N.E.2d 220

717 N.Y.S.2d 75

WESTVIEW ASSOCIATES et al., Appellants, v. GUARANTY NATIONAL INSURANCE COMPANY, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Schillinger & Finsterwald, L. L. P., New York City (Peter Schillinger and Lori J. Finsterwald of counsel), for appellants.

Traub Eglin Lieberman Straus, Hawthorne (Stephen D. Straus and Brian S. Frank of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

Gabriella Humphrey, an infant represented by her parents, brought an action against the owner of the building in which she resides, and others, claiming injuries caused by the ingestion of lead paint. The action presently before us, brought by the building owner and others (plaintiffs), seeks a declaration that defendant insurer, Guaranty National Insurance Company, must defend...

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