RUIZ v. 829 REALTY LLC

Index No. 22941/18, 43406/19. Appeal No. 14497-14497A. Case No. 2020-03675, 2020-03701.

198 A.D.3d 581 (2021)

152 N.Y.S.3d 904

2021 NY Slip Op 05834

Jorge Vega Ruiz, Plaintiff, v. 829 Realty LLC, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Acceptance Indemnity Insurance Co. et al., Third-Party Defendants-Respondents.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Doyle & Broumond, LLP, Bronx ( Michael B. Doyle of counsel), for appellant.

Cozen O'Connor, New York ( Melissa F. Brill of counsel), for Acceptance Indemnity Insurance Co., respondent.

Rivkin Radler LLP, New York ( Merril S. Biscone of counsel), for Molod, Spitz & DeSantis, respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Contrary to defendant/third-party plaintiff 829 Realty, LLC's contentions, the documentary evidence submitted by Acceptance Indemnity Insurance Co. (Acceptance), 829 Realty's insurer, utterly refuted 829 Realty's allegations that disclaimer of coverage in the main personal injury action was improper (see generally CPLR 3211[a][1]; Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]; Atlantic Mut. Ins. Co. v...

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