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REPUBLIC FRANKLIN INSURANCE COMPANY v. PISTILLI

16 A.D.3d 477 (2005)

791 N.Y.S.2d 639

REPUBLIC FRANKLIN INSURANCE COMPANY, Appellant, v. MICHAEL PISTILLI et al., Defendants, and NEWBRIDGE COVERAGE CORPORATION, Respondent.

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

March 14, 2005.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The infant defendant, Pablo Balbuena, allegedly sustained injuries as a result of exposure to lead paint in an apartment owned by the defendants Michael Pistilli, Joseph Pistilli, and Anthony Pistilli (hereinafter the insureds). In October 1998 Balbuena and his mother commenced a personal injury action entitled Balbuena v Pistilli, in the Supreme Court, Queens County, under...

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