HBE CORPORATION v. SIRIUS AMERICA INSURANCE COMPANY


63 A.D.3d 1509 (2009)

880 N.Y.S.2d 407

HBE CORPORATION et al., Respondents, v. SIRIUS AMERICA INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the declarations are vacated.

Memorandum: Plaintiffs, HBE Corporation (HBE) and Cornerstone Community Federal Credit Union (Cornerstone), commenced this action alleging, inter alia, that defendant violated Insurance Law § 3420 (d) by failing to provide timely written notice to plaintiffs that it would neither defend nor indemnify...

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