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DOUGLAS v. MISTER SPORTS

5472.

157 A.D.3d 550 (2018)

67 N.Y.S.3d 629

2018 NY Slip Op 00330

BERNADETTE DOUGLAS, Plaintiff, v. MISTER SPORTS et al., Defendants. 125 FORDHAM LLC, Third-Party Plaintiff-Appellant, v. JAY J. KIM, Doing Business as INTERNATIONAL PURSUIT OF NEW YORK, INC., Third-Party Defendant, and LIG INSURANCE, Third-Party Defendant-Respondent.

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

Decided January 18, 2018.

Fordham is not entitled to coverage in the underlying action under the insurance policy LIG issued to defendant International Pursuit of New York, Inc., because the conditions for coverage under the supplementary payments provision of the policy have not been satisfied (see Rojas v New York El. & Elec. Corp., 118 A.D.3d 642 [1st Dept 2014]). The provision states that if LIG defends an insured (International) in a suit, it will...

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