SIERRA v. 4401 SUNSET PARK

No. 216.

24 N.Y.3d 514 (2014)

JUAN SIERRA, Plaintiff, v. 4401 SUNSET PARK, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. LM INTERIORS, CONTRACTING, LLC, Third-Party Defendant, and SCOTTSDALE INSURANCE COMPANY, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

Court of Appeals of New York.

Decided November 24, 2014.


Attorney(s) appearing for the Case

Goldberg Segalla LLP, Albany ( Matthew Lerner and Carrie Appler of counsel), for third-party appellant.

Brill & Associates, P.C., New York City ( Corey M. Reichardt of counsel), and Margaret G. Klein & Associates, New York City, for third-party respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

Insurance Law § 3420 (d) (2) requires a liability insurer that disclaims liability to give written notice of the disclaimer "to the insured." This case involves parties who were insureds under two different policies: they were named insureds under their own...

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