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GREAT CANAL REALTY CORP. v. SENECA INSURANCE COMPANY, INC.

5 N.Y.3d 742 (2005)

833 N.E.2d 1196

800 N.Y.S.2d 521

GREAT CANAL REALTY CORP., Respondent, v. SENECA INSURANCE COMPANY, INC., Appellant.

Court of Appeals of the State of New York.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Tese & Milner, New York City (Michael M. Milner of counsel), for appellant.

Alexander J. Wulwick, New York City, for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's motion for summary judgment granted and judgment granted declaring that defendant Seneca Insurance Company is not required to defend and indemnify Great Canal Realty Corp. in the underlying action. The certified question should be answered in the negative.

Where a policy of liability insurance requires that notice of an occurrence be given...

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