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ROBERT PITT REALTY, LLC v. 19-27 ORCHARD ST., LLC

8394, 24648/05.

101 A.D.3d 404 (2012)

955 N.Y.S.2d 563

2012 NY Slip Op 8243

ROBERT PITT REALTY, LLC, et al., Respondents, v. 19-27 ORCHARD STREET, LLC, et al., Defendants, and ESSEX INSURANCE COMPANY et al., Appellants. 19-27 ORCHARD STREET, LLC, et al., Third-Party Plaintiffs-Respondents, v. ESSEX INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

December 4, 2012.

This declaratory judgment action arises from an underlying bodily injury action brought by Victor Velez in which it is alleged that he was injured during the course and scope of his employment with defendant Avante Building & Consulting Corp. (Avante) on June 23, 2004. Avante was purportedly hired by 24&27 to perform work within premises owned by Robert Pitt and leased by 24&27.

The "Separation of Insureds Condition" contained within the Essex policy does...

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