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BLEECKER STREET HEALTH & BEAUTY AIDS, INC. v. GRANITE STATE INSURANCE COMPANY

38 A.D.3d 231 (2007)

834 N.Y.S.2d 1

BLEECKER STREET HEALTH & BEAUTY AIDS, INC., Appellant, v. GRANITE STATE INSURANCE COMPANY et al., Respondents. STEVEN PRINCIPE, Doing Business as PRINCIPE AGENCY, Third-Party Plaintiff-Respondent, v. STERLING & STERLING, INC. OF WOODBURY N.Y., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided March 6, 2007.

In this action by a proposed insured against its insurer for breach of contract in disclaiming coverage for a loss resulting from a fire that began in an upstairs restaurant, plaintiff misrepresented on its application that there was no such establishment in the building utilizing a deep fryer. The insurer demonstrated that this misrepresentation was material by submitting an appropriate affidavit from its underwriter, along with a description of its computer system's handling...

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