CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. ALLSTATE INSURANCE COMPANY


283 A.D.2d 322 (2001)

724 N.Y.S.2d 853

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant-Respondent, v. ALLSTATE INSURANCE COMPANY et al., Respondents, and NEW ENGLAND INSURANCE COMPANY, Respondent-Appellant. (And a Third-Party Action.) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, v. CERTAIN UNDERWRITERS OF LLOYD'S, LONDON, et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided May 24, 2001.


The trial court properly ruled that, under the language of the policies at issue, plaintiff had the burden of proving that the damage was caused by an "accident," which would trigger coverage, and charged the jury appropriately. The stamp "Certified True Copy" on a report was insufficient to constitute self-authentification under CPLR 4540 (a) or 4520, and, in any event, any error in precluding the document was alleviated by the trial court's offer to allow plaintiff to call...

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