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WEST 16TH STREET TENANTS CORP. v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

290 A.D.2d 278 (2002)

736 N.Y.S.2d 34

WEST 16TH STREET TENANTS CORP., Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided January 10, 2002.

This is an action for, inter alia, a declaratory judgment that defendant insurer is obligated to defend and indemnify plaintiff cooperative corporation against a personal injury claim under primary and umbrella commercial general liability policies. The accident giving rise to the claim occurred on October 11, 1999, but plaintiff did not give defendant notice of the occurrence until more than five months later, after it was served...

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