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JRD UNICO, INC. v. STARR INDEM. & LIAB. CO.

Index No. 655279/19, Appeal No. 16086, Case No. 2021-03921.

206 A.D.3d 427 (2022)

167 N.Y.S.3d 784

2022 NY Slip Op 03685

JRD Unico, Inc., et al., Appellants, v. Starr Indemnity & Liability Company, Respondent.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Rossman Law Firm, LLC, Brooklyn (Todd A. Rossman of counsel), for appellants.

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York (Alfred L. D'Isernia of counsel), for respondent.

Concur— Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

Supreme Court correctly denied plaintiffs' motion and granted Starr's cross motion, as the only reasonable way to construe the policy language of the Starr policy is that it contains a $5 million per location limit and a $5 million overall aggregate limit of liability (see Consolidated Edison Co. of N.Y. v Allstate Ins. Co., 98 N.Y.2d 208, 221 [2002]; Matza v Empire State Mut. Life Ins. Co., 50 A.D.2d 554...

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