PLAZA RESTORATION, INC. v. NATIONWIDE MUTUAL INSURANCE COMPANY


34 A.D.3d 436 (2006)

823 N.Y.S.2d 518

PLAZA RESTORATION, INC., Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided November 8, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff insured sought a judgment declaring, inter alia, that the defendant insurance carrier breached its covenant of good faith and fair dealing in connection with an action to recover damages for personal injuries sustained by a worker at a construction site, commenced against the plaintiff. The defendant claims, inter alia, that the action is not ripe for adjudication.

We reject the defendant's contention...

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