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3405 PUTNAM REALTY CORP. v. INSURANCE CORPORATION OF NEW YORK

36 A.D.3d 565 (2007)

828 N.Y.S.2d 394

3405 PUTNAM REALTY CORP., Plaintiff, v. INSURANCE CORPORATION OF NEW YORK et al., Respondents, and KINDO KELLY, an Infant, by his Mother and Natural Guardian, ROMONITA ORTIZ, et al., Appellants.

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

Decided January 30, 2007.

Kelly and Ortiz are plaintiffs in an underlying action against plaintiff 3405 Putnam Realty for injuries allegedly arising due to ingestion of lead paint. 3405 Putnam Realty brought the instant declaratory judgment action to have its insurer defend and indemnify it under the insurance policy it had issued. The insurer contends that it disclaimed coverage in a timely fashion, sending notice both to plaintiff herein and to Kelly and Ortiz in the underlying action. Only Kelly...

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