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HUERTERO v. BLUE RIDGE INSURANCE COMPANY

13 A.D.3d 486 (2004)

785 N.Y.S.2d 89

ASHLEY Z. HUERTERO et al., Respondents, v. BLUE RIDGE INSURANCE COMPANY, Appellant, et al., Defendant.

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

December 20, 2004

Ordered that the order is affirmed, with costs.

In September 1998 the plaintiffs, who resided in an apartment owned by the defendant Baruch Bluzenstein, commenced an action against him to recover damages for lead poisoning allegedly suffered by the infant plaintiff, Ashley Z. Huertero. Bluzenstein notified his insurer, the defendant Blue Ridge Insurance Company (hereinafter Blue Ridge), of the action in April 1999 soon after receiving the plaintiffs' motion for leave...

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