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TOWER INSURANCE COMPANY OF NEW YORK v. BREYTER

37 A.D.3d 309 (2007)

830 N.Y.S.2d 122

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. POLINA BREYTER et al., Respondents, et al., Defendant.

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

Decided February 20, 2007.

Plaintiff in the underlying action does not allege that the fumes from the nail salon of defendant insureds' tenant actually resulted in pollution. The pollution exclusion relied upon by plaintiff insurer is inapplicable (Incorporated Vil. of Cedarhurst v Hanover Ins. Co., 89 N.Y.2d 293, 299 [1996]). It is at best ambiguous whether the subject exclusion was intended to encompass claims such as those made in the underlying action...

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