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FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT v. SOLOMON

50 A.D.3d 340 (2008)

855 N.Y.S.2d 97

FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT, Respondent, v. VICTOR SOLOMON et al., Appellants, et al., Defendants.

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

Decided April 8, 2008.

Plaintiff satisfied its initial burden on the motion with evidence adduced in disclosure proceedings in the underlying action demonstrating that the infants' lead injuries were sustained before the subject policy went into effect. Such evidence includes the mother's deposition testimony that there were no problems with paint in the apartment following abatement; the subject policy showing commencement of coverage on December 10...

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