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MARKEVICS v. LIBERTY MUTUAL INSURANCE COMPANY

97 N.Y.2d 646 (2001)

761 N.E.2d 557

735 N.Y.S.2d 865

ALEXANDRA MARKEVICS, Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 15, 2001.

Attorney(s) appearing for the Case

Diamond, Paino, Cardo, King, Peters & Fodera and Corrado & Cifone, Hempstead (Melissa P. Corrado of counsel), for appellant.

Clark, Gagliardi & Miller, P. C., White Plains (Lawrence T. D'Aloise, Jr., of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

In this declaratory judgment action, plaintiff Alexandra Markevics claims that defendant Liberty Mutual Insurance Company must defend and indemnify Kerry O'Brien pursuant to a homeowner's policy issued to O'Brien's parents. The carrier disclaimed coverage based on a "business pursuits" exclusion contained in the policy. In the underlying personal injury...

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