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MATTER OF MARKOWITZ v. SERIO

11 Misc.3d 439 (2006)

812 N.Y.S.2d 841

In the Matter of MARTY MARKOWITZ, as Brooklyn Borough President, Petitioner, v. GREGORY V. SERIO, as Superintendent of the State of New York Insurance Department, Respondent, and CHUBB & SON et al., Intervenors-Respondents.

Supreme Court, New York County.

January 9, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Alan H. Kleinman of counsel), for petitioner.

Eliot Spitzer, Attorney General, New York City (Elizabeth A. Forman of counsel), for respondent.

Stroock & Stroock & Lavan LLP, New York City, for Chubb & Son, intervenor-respondent.

LeBouef, Lamb, Greene & MacRae LLP, New York City, for Farmers New Century Ins.

Co., intervenor-respondent.

White & Case, LLP, New York City, for State Farm Mutual Automobile Ins.

Co. and another, intervenors-respondents.

OPINION OF THE COURT

DORIS LING-COHAN, J.

The issue presented to this court is whether the public has a right to records filed by insurance companies with the State of New York Insurance Department, which are required pursuant to laws enacted to eliminate redlining. Redlining is a practice by which insurers deny insurance coverage or cancel insurance policies, solely on the basis of the geographical location of brokers or of those seeking insurance, and...

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