20-35 86TH ST. REALTY, LLC v. TOWER INS. CO. OF N.Y.

10039, 600805/10.

106 A.D.3d 478 (2013)

965 N.Y.S.2d 412

2013 NY Slip Op 3413

20-35 86TH STREET REALTY, LLC, Appellant, v. TOWER INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided May 14, 2013.


Plaintiff building owner seeks a judgment declaring that defendant has an obligation to defend and indemnify it in connection with a building fire that, inter alia, left several people dead or injured. Following a police and fire department investigation, an individual was arrested and indicted on charges of, inter alia, arson in the fourth degree and assault in the first and second degrees. Defendant disclaimed coverage under the liability insurance policy it issued to plaintiff...

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