PUBLIC SERVICE MUTUAL INSURANCE COMPANY v. NOVA CASUALTY COMPANY

10338. 652532/16.

177 A.D.3d 472 (2019)

114 N.Y.S.3d 47

2019 NY Slip Op 08270

Public Service Mutual Insurance Company et al., Respondents, v. Nova Casualty Company, Appellant.

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

Decided November 14, 2019.


This declaratory judgment action stems from an underlying personal injury action in which the plaintiff alleged that she sustained injuries while walking on the stairs from the second floor restaurant to the ground floor. At issue is whether the stairwell area where the underlying accident occurred is covered by the additional insured clause in the policy procured by the nonparty restaurant tenant of plaintiff landlord Japas. The...

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