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HERMITAGE INS. CO. v. 186-190 LENOX RD., LLC

475, 155844/12.

142 A.D.3d 422 (2016)

36 N.Y.S.3d 634

HERMITAGE INSURANCE COMPANY, Respondent, v. 186-190 LENOX ROAD, LLC, Defendant, and CYNTHIA SMITH, Appellant.

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

Decided August 4, 2016.

On or about January 30, 2009, defendant Smith was injured in a slip and fall on property owned by defendant 186-190 Lenox Road, LLC (Lenox). Lenox had obtained a liability policy from plaintiff Hermitage Insurance Company (Hermitage) which provided coverage for the period of April 6, 2008 to April 6, 2009.

In January 2012, Smith commenced a personal injury action against Lenox. Heritage received its first notice of the accident by email dated June 11, 2012. By letter...

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