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DOWNEY v. 10 REALTY CO., LLC

3695, 117110/04, 590039/09.

78 A.D.3d 575 (2010)

911 N.Y.S.2d 67

JOHN DOWNEY, Plaintiff, v. 10 REALTY CO., LLC, Defendant. 10 REALTY CO., LLC, Third-Party Plaintiff-Appellant, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided November 23, 2010.

GNYM had no duty to defend or indemnify its insured in the negligence action. According to the complaint, bill of particulars and deposition testimony in the underlying tort action, plaintiff sued for injuries that allegedly occurred in October—or, at the very earliest, August—of 2002, which was outside the insurance policy period that ended on July 1 of that year (see Allstate Ins. Co. v Zuk, 78 N.Y.2d 41, 45...

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