40 RECTOR HOLDINGS, LLC v. THE TRAVELERS INDEMNITY COMPANY


40 A.D.3d 482 (2007)

836 N.Y.S.2d 173

40 RECTOR HOLDINGS, LLC, et al., Respondents, v. THE TRAVELERS INDEMNITY COMPANY, Appellant.

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

Decided May 24, 2007.


Defendant issued a property insurance policy to plaintiffs covering plaintiffs' commercial premises located at 40 Rector Street. The building on the premises sustained damage as a result of the collapse of the North and South Towers of the World Trade Center. Defendant paid portions of the claims plaintiffs made pursuant to the policy but refused to pay for damage sustained by the facade of the building on the ground that such damage was preexisting and otherwise lacked a...

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