DENNENY v. LIZZIE'S BUGGIES, INC.


306 A.D.2d 89 (2003)

761 N.Y.S.2d 171

KEVIN DENNENY, Respondent, v. LIZZIE'S BUGGIES, INC., Defendant, and PROVIDENCE WASHINGTON INSURANCE CO., Appellant.

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

Decided June 10, 2003.


Plaintiff in an underlying personal injury action obtained a default judgment against defendant Providence's insured and thereafter commenced this action seeking a declaration that Providence is obligated to indemnify its insured for the liability incurred by it in the underlying action. Although the insured, defendant Lizzie's Buggies, Inc., never notified Providence of plaintiff's injury on its premises, a bar, plaintiff's affidavit and the signed statement by Sean Smyth...

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