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GREENWICH INSURANCE COMPANY v. VOLUNTEERS OF AMERICA-GREATER NEW YORK, INC.

62 A.D.3d 557 (2009)

880 N.Y.S.2d 33

GREENWICH INSURANCE COMPANY, Appellant, v. VOLUNTEERS OF AMERICA-GREATER NEW YORK, INC., Respondent.

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

Decided May 21, 2009.

Paragraph 12 of the lease, which obligates defendant to pay for damages specifically caused by fire only if the fire was "caused by [defendant's] actions," controls over paragraph 13, which generally obligates defendant to pay for any damages "caused by [defendant] or any occupant or visitor" (see Bank of Tokyo-Mitsubishi, Ltd., N.Y. Branch v Kvaerner a.s., 243 A.D.2d 1, 8 [1998]). Since the fire was allegedly caused by defendant...

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