NEW YORK CITY HOUSING AUTHORITY v. MERCHANTS MUTUAL INSURANCE CO.


44 A.D.3d 540 (2007)

844 N.Y.S.2d 223

NEW YORK CITY HOUSING AUTHORITY, Appellant-Respondent, v. MERCHANTS MUTUAL INSURANCE CO. et al., Respondents-Appellants.

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

Decided October 25, 2007.


The Housing Authority seeks a declaration that Merchants is obligated to defend and indemnify it in an underlying action in which the plaintiff (Esteves) alleges that he was shot on the Housing Authority's premises as a result of a faulty electromagnetic locking system installed at the entrance of his building by defendant Stonewall. The Housing Authority claims coverage as an insured or additional insured under three separate insurance policies: a commercial general liability...

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