S.T.A. PARKING CORP. v. FEDERAL INS. CO.

Index No. 656508/18. Appeal Nos. 16408, M-3376 & M-3570. Case No. 2021-02465.

209 A.D.3d 510 (2022)

177 N.Y.S.3d 2

2022 NY Slip Op 05775

S.T.A. Parking Corp., Respondent-Appellant, v. Federal Insurance Company, Also Known as Chubb, Appellant-Respondent.

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

Decided October 13, 2022.


Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Melissa F. Brill of counsel), for appellant-respondent.

Smith, Gambrell & Russell, LLP, New York ( Russell Wolfson of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Webber, Oing, González, Kennedy, JJ.


Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about June 1, 2021, which granted in part and denied in part defendant's motion for summary judgment, unanimously affirmed, without costs.

The court correctly determined that defendant insurer is liable for coverage of the underlying judgment under its first excess insurance policy because defendant insurer admits that the damage occurred before the conclusion of the first policy period on...

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