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ST. NICHOLAS CATHEDRAL OF THE RUSSIAN ORTHODOX CHURCH IN NORTH AMERICA v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY

45 A.D.3d 411 (2007)

846 N.Y.S.2d 113

ST. NICHOLAS CATHEDRAL OF THE RUSSIAN ORTHODOX CHURCH IN NORTH AMERICA, Appellant, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided November 20, 2007.

Plaintiff seeks a declaration that Travelers is obligated to defend and indemnify it in connection with a pending action arising out of an accident that occurred on the sidewalk adjacent to its property on October 14, 2003. Despite a notice of occurrence provision in its insurance policy, plaintiff did not notify Travelers about the accident until May 10, 2004, after receiving notice of a lawsuit from the injured person.

The evidence adduced before the Special Referee...

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