JERUSALEM AVENUE TAXPAYER, LLC v. LIBERTY MUTUAL INSURANCE COMPANY

557, 159842/13.

137 A.D.3d 600 (2016)

27 N.Y.S.3d 550

2016 NY Slip Op 02024

JERUSALEM AVENUE TAXPAYER, LLC, et al., Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided March 22, 2016.


Best Yet is a necessary party to the plaintiffs' reformation claim. Plaintiffs seek reformation of an insurance policy to which they are not parties, and which was executed between defendant Liberty and nonparty Best Yet, on the ground that the parties to the policy intended that Best Yet, as lessor, obtain insurance coverage for plaintiff, Jerusalem, as lessee of the Best Yet premises in Hicksville. The issue of whether Best Yet intended to obtain coverage from Liberty for...

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