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NESHER, LLC v. REALM NATIONAL INSURANCE COMPANY

6 A.D.3d 242 (2004)

774 N.Y.S.2d 331

NESHER, LLC, as General Partner of KINDER INVESTMENTS, L.P., Appellant, v. REALM NATIONAL INSURANCE COMPANY, Respondent.

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

April 15, 2004.

The phrase in the policy to "do your best" is unambiguous, and has a clear and unmistakable meaning (see Goldman & Sons v Hanover Ins. Co., 80 N.Y.2d 986 [1992]). The undisputed evidence establishes that plaintiff failed to purchase oil for the heating tank or to contract with an oil supplier for the premises during the 18 months from its acquisition of the premises until the water damage resulting from the frozen pipes. In addition...

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