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PANASIA ESTATES v. HUDSON INS.

10 N.Y.3d 200 (2008)

886 N.E.2d 135

856 N.Y.S.2d 513

PANASIA ESTATES, INC., Respondent, v. HUDSON INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2008.

Attorney(s) appearing for the Case

White Fleischner & Fino, LLP, New York City (Janet P. Ford and Nancy Davis Lyness of counsel), for appellant.

Peckar & Abramson, P.C., New York City (Michael S. Zicherman of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

PIGOTT, J.

Panasia Estates is the owner of commercial rental property located at 33 West 19th Street in Manhattan. Panasia had a commercial property insurance policy with Hudson Insurance Company, which included "Builders' Risk Coverage," covering damage to its property while undergoing renovation. During the policy period, the roof of its building was opened in order to perform construction...

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