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161 HUDSON, LLC v. SIRIUS AMERICA INSURANCE COMPANY

59 A.D.3d 690 (2009)

873 N.Y.S.2d 725

161 HUDSON, LLC, Respondent, v. SIRIUS AMERICA INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided February 24, 2009.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly found that the defendant Sirius America Insurance Company (hereinafter Sirius) is obligated to defend and indemnify the plaintiff in the underlying action, as the plaintiff demonstrated that the delay by Sirius in issuing a disclaimer of coverage for the underlying lawsuit was unreasonable as a matter of law (see Insurance Law § 3240 [d]; Tex Dev. Co., LLC v Greenwich Ins...

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