SPENTREV REALTY CORP. v. UNITED NATIONAL SPECIALTY INS. CO.

2010-08245

90 A.D.3d 636 (2011)

933 N.Y.S.2d 725

2011 NY Slip Op 8926

SPENTREV REALTY CORP., Respondent, v. UNITED NATIONAL SPECIALTY INSURANCE COMPANY, Respondent, and ANGEL MARTINEZ, Appellant.

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

Decided December 6, 2011.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant United National Specialty Insurance Company is not obligated to defend and indemnify the plaintiff, Spentrev Realty Corp., or Angel Martinez with respect to claims asserted in the underlying action.

Where an insurance policy, such as the one in this case, requires an insured to provide notice of an...

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