KAREN MANOR ASSOC. LLC v. VIRGINIA SUR. CO., INC.

11701, 307128/09

116 A.D.3d 439 (2014)

984 N.Y.S.2d 307

2014 NY Slip Op 2331

KAREN MANOR ASSOCIATES LLC et al., Respondents, v. VIRGINIA SURETY COMPANY, INC., et al., Appellants, and ARCH INSURANCE GROUP INC., et al., Respondents.

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

Decided April 3, 2014.


The motion court correctly determined that an issue of fact exists whether the infant suffered a physical injury, i.e., sickness or disease resulting from exposure to and ingestion of lead paint, during the Virginia policy period. The motion court also correctly concluded that Arch was entitled to summary judgment dismissing the complaint. Unrefuted evidence showed that the lead paint condition was abated before the Arch policy period commenced. The April 7, 2003 notification...

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