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TRIMASA REST. PARTNERS, LLC v. GLOBAL COVERAGE, INC.

Index No. 153565/18. Appeal No. 13096. Case No. 2020-02557.

191 A.D.3d 490 (2021)

138 N.Y.S.3d 299

2021 NY Slip Op 00818

Trimasa Restaurant Partners, LLC, Appellant, v. Global Coverage, Inc., et al., Respondents.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

McKool Smith, P.C., New York ( Christopher P. Johnson of counsel) and McKool Smith, P.C., Austin, TX ( Joel L. Thollander of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant.

Keidel, Weldon & Cunningham, LLP, White Plains ( Howard S. Kronberg of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

The complaint neither alleges that plaintiff made a specific request for insurance coverage for liability arising from the presence of lead paint at its property nor contains allegations that establish a special relationship between the parties that would support plaintiff's tort and contract claims against defendants (see Voss v Netherlands Ins. Co., 22 N.Y.3d 728, 734 [2014]; Hoffend & Sons, Inc. v Rose & Kiernan, Inc...

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