SOJKA v. 43 WOOSTER LLC


19 A.D.3d 266 (2005)

797 N.Y.S.2d 474

HUBERT SOJKA, Plaintiff, v. 43 WOOSTER LLC, Appellant, et al., Defendants. KUCZINSKI, VILA, TARALLO, PILLINGER & MILLER, LLP, Nonparty Respondent.

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

June 23, 2005.


Defendant is the owner of the property designated as 43 Wooster Street, New York, New York, where plaintiff, a construction worker, was allegedly injured when he fell from a scaffold. Defendant's liability carrier, Indian Harbor Insurance Company, by letter dated May 14, 2004, disclaimed coverage, claiming that defendant did not report the accident until approximately two years after the occurrence. Indian Harbor advised defendant that it would no longer pay to defend the...

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