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HERALD SQUARE LOFT v. MERRIMACK MUT. FIRE INS.

No. 03 Civ. 7682(DC).

344 F.Supp.2d 915 (2004)

HERALD SQUARE LOFT CORP., Plaintiff, v. MERRIMACK MUTUAL FIRE INSURANCE CO., Defendant.

United States District Court, S.D. New York.

November 15, 2004.

Attorney(s) appearing for the Case

Ball & Rubin, LLP, by Wayne M. Rubin, Esq., Elmsford, NY, for Plaintiff.

Faust, Goetz, Schenker & Blee, by Erika C. Aljens, Esq., New York, NY, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

In this diversity case, plaintiff Herald Square Loft Corp. ("Herald Square") seeks a declaratory judgment that the pollution exclusion provision of an insurance policy issued to it by defendant Merrimack Mutual Fire Insurance Company ("Merrimack") is not applicable to the loss caused by lead paint dust contamination of one of Herald Square's buildings resulting from repair work performed by a contractor.<...

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