PUBLIC SERVICE MUTUAL INSURANCE COMPANY v. COLOR WEST PHOTO, INC.


290 A.D.2d 338 (2002)

736 N.Y.S.2d 364

PUBLIC SERVICE MUTUAL INSURANCE COMPANY et al., Respondents, v. COLOR WEST PHOTO, INC., et al., Defendants, and WEST BURRITOVILLE, INC., et al., Appellants.

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

Decided January 22, 2002.


The insurance policy procured by defendant tenant from defendant insurer covers bodily injury or property damage resulting from defendant tenant's ownership, maintenance or use of the leased premises if caused by, inter alia, "continuous or repeated exposure to substantially similar conditions," and named as additional insureds plaintiff landlord and any person acting as the landlord's real estate manager. Given these provisions, the declaration in favor of the landlord and...

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