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SEWARD PARK v. GREATER NY MUT

43 A.D.3d 23 (2007)

836 N.Y.S.2d 99

SEWARD PARK HOUSING CORPORATION, Respondent, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Appellant.

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

May 10, 2007.

Attorney(s) appearing for the Case

Thomas D. Hughes, New York City, and Speyer & Perlberg, LLP, Melville (Dennis M. Perlberg of counsel), for appellant.

Anderson & Ochs LLP, New York City (Steven S. Anderson, Mitchel H. Ochs and Jason A. Stern of counsel), for respondent.

MAZZARELLI, J.P., FRIEDMAN, GONZALEZ and MALONE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this insurance breach of contract action, we are asked to determine, inter alia, whether the insurance company's denial of coverage constituted a repudiation of liability or a disclaimer of coverage, and thus, whether the plaintiff was obligated to comply with contract provisions in order to recover the replacement cost of a two-level parking garage that collapsed after a rainstorm on the Lower East Side at Grand Street...

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