BIG APPLE CIRCUS, INC. v. CHUBB INSURANCE GROUP


305 A.D.2d 197 (2003)

760 N.Y.S.2d 428

BIG APPLE CIRCUS, INC., Respondent, v. CHUBB INSURANCE GROUP et al., Appellants, et al., Defendants.

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

Decided May 13, 2003.


At defendant Bloomberg, L.P.'s holiday party in plaintiff Circus's tent, an employee of the caterer slipped and fell after Circus had completed its circus performance but before the party was over. Under their Tent Sale Agreement, Circus would present a two-hour circus "Performance" and Bloomberg could use Circus's tent before, during and after the Performance for a private party "or a similar Activity." Before the party, the "Who Is Insured" clause of Bloomberg's preexisting...

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