159 WEST 80TH STREET CORP. v. INTERSTATE INSURANCE GROUP


21 A.D.3d 834 (2005)

801 N.Y.S.2d 309

159 WEST 80TH STREET CORP. et al., Appellants, v. INTERSTATE INSURANCE GROUP, Defendant, and RSI SERVICES, INC., Respondent.

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

September 27, 2005.


Plaintiff's theory appears to be that it was denied a defense in an underlying action for premises liability because of defendant's negligence in issuing a policy that did not name plaintiff as the owner of the premises. In response to defendant's demand for a bill of particulars specifying, inter alia, the issuance date, number and period of the subject policy, plaintiff stated that the information sought was in defendant's "custody," and further indicated that defendant...

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