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TOWER INS. CO. OF N.Y. v. METRO PROP. GROUP, LLC

10149, 106315/09.

106 A.D.3d 576 (2013)

965 N.Y.S.2d 471

2013 NY Slip Op 3612

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. METRO PROPERTY GROUP, LLC, et al., Respondents, et al., Defendants.

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

Decided May 21, 2013.

Plaintiff's disclaimers were based on the August 2007 Commissioner of Health order to abate nuisance, which was insufficiently specific to trigger the insured's obligation to notify plaintiff of a potential claim (see Scharf v Generali — U.S. Branch, 259 A.D.2d 349 [1st Dept 1999]; Public Serv. Mut. Ins. Co. v AYFAS Realty Corp., 234 A.D.2d 226 [1st Dept 1996], lv dismissed

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