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COHOES REALTY v. LEXINGTON CO

292 A.D.2d 51 (2002)

745 N.Y.S.2d 1

COHOES REALTY ASSOCIATES et al., Appellants-Respondents, v. LEXINGTON INSURANCE CO., Respondent, and MARSHALL & STERLING UPSTATE INC., Respondent-Appellant and Third-Party Plaintiff-Appellant-Respondent. NEW ENGLAND RISK SPECIALISTS, INC., Third-Party Defendant-Respondent-Appellant.

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

March 14, 2002.

Attorney(s) appearing for the Case

Mark L. Amsterdam and Edward H. Pomeranz of counsel (Alan S. Rafterman and Lawrence D. Bernfeld on the brief; Amsterdam & Lewinter, and Graubard Mollen & Miller, attorneys), for appellants-respondents.

Cornelius A. Mahoney of counsel (Garth S. Wolfson on the brief; Mahoney & Keane, LLP, attorneys), for Lexington Insurance Co., respondent, and New England Risk Specialists, Inc., third-party defendant-respondent-appellant.

Kenneth Mauro of counsel (Timothy R. Capowski on the brief; Mauro Goldberg & Lilling LLP and Tell, Cheser & Breitbart, LLP, attorneys), for Marshall & Sterling Upstate, Inc., defendant-respondent-appellant/third party plaintiff-respondent-appellant.

MAZZARELLI, J.P., ANDRIAS, SAXE and RUBIN, JJ., concur.

OPINION OF THE COURT

ROSENBERGER, J.

Plaintiff Cohoes Realty Associates (Cohoes) is the owner of a real estate complex consisting of several buildings, one of which was a vacant factory (Mill No. 2). Plaintiff Lana Realty Co. is the holder of the mortgage on the property. Cohoes and Lana were coinsured under a one-year, all-risk property insurance policy (the Policy) issued by defendant Lexington Insurance Co. (Lexington), effective October 31, 1994. Defendant...

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