QBE INS. CORP. v. JINX-PROOF INC.

7949, 11485/10.

2013 NY Slip Op 00259

QBE INSURANCE CORPORATION, Plaintiff-Respondent, v. JINX-PROOF INC., DOING BUSINESS AS BEAUTY BAR, ET AL., Defendants-Appellants, GARRETT ALARCON, Defendant.

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

Decided January 17, 2013.


Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown ( John M. Denby of counsel), for Jinx-Proof Inc., appellant.

Zalman Schnurman Miner, P.C., New York ( Marc H. Miner of counsel), for Vera Hendrix, appellant.

Thomas M. Bona, P.C., White Plains ( Anthony M. Napoli of counsel), for respondent.

Before: Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels, Román, JJ.


Friedman and Román, JJ., concur in a separate memorandum by Friedman, J.; Sweeny and Manzanet-Daniels, JJ. concur in a separate memorandum by Manzanet-Daniels, J.; and Andrias, J. dissents in a memorandum, as follows:

FRIEDMAN, J. (concurring).

While the relevant facts are more fully set forth in Justice Manzanet-Daniels's concurring writing, what I find conclusive for the determination of this appeal are the following undisputed points: (1) the liability...

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