RICHNER DEVELOPMENT, LLC v. BURLINGTON INSURANCE COMPANY

2010-01158.

81 A.D.3d 705 (2011)

916 N.Y.S.2d 211

RICHNER DEVELOPMENT, LLC, Plaintiff, v. BURLINGTON INSURANCE COMPANY, Defendant. (Action No. 1.) FOUR SEASONS ROOFING, INC., Plaintiff, v. BURLINGTON INSURANCE COMPANY, Defendant. (Action No. 2.) 2 ENDO BOULEVARD, LLC, Appellant, v. BURLINGTON INSURANCE COMPANY, Respondent. (Action 3.)

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

Decided February 8, 2011.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant in action No. 3 is not obligated to defend and indemnify the plaintiff in action No. 3 in the underlying action entitled Giampetruzzi v 2 Endo Boulevard, LLC, pending in the Supreme Court, Nassau County, under index No. 10115/06.

"An insurer may . . . disclaim coverage on the basis of a policy...

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