Prudential-LMI Commercial Insurance v. Board of Managers, Elmwood Park Condominium II

Appellate Division of the Supreme Court of New York

Prudential-LMI Commercial Insurance v. Board of Managers, Elmwood Park Condominium II

205 A.D.2d 516, 614 N.Y.S.2d 272, 1994 N.Y. App. Div. LEXIS 5982

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 6, 1994

StatusPublished

This text of 205 A.D.2d 516 (Prudential-LMI Commercial Insurance v. Board of Managers, Elmwood Park Condominium II) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prudential-LMI Commercial Insurance v. Board of Managers, Elmwood Park Condominium II, 205 A.D.2d 516, 614 N.Y.S.2d 272, 1994 N.Y. App. Div. LEXIS 5982 (N.Y. Ct. App. 1994).

Pincite

Opinion

In an action seeking a judgment declaring that the plaintiff was not obligated under an insurance policy to provide coverage for its insured Board of Managers, Elmwood Park Condominium II with respect to a personal injury action commenced against it on behalf of the defendants James Moriarty and Rosa Moriarty, the plaintiff appeals from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated January 14, 1992, as denied its motion for summary judgment in its favor.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Triable issues of fact exist with regard to whether the defendant Board of Managers, Elmwood Park Condominium II satisfied the notice conditions set forth in the insurance policy issued to it by the plaintiff (see, CPLR 3212 [b]). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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In an action seeking a judgment declaring that the plaintiff was not obligated under an insurance policy to provide coverage for its insured Board of Managers, Elmwood Park Condominium II with respect to a personal injury action commenced against it on behalf of the defendants James Moriarty and Rosa Moriarty, the plaintiff appeals from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated January 14, 1992, as denied its motion for summary judgment in its favor.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Triable issues of fact exist with regard to whether the defendant Board of Managers, Elmwood Park Condominium II satisfied the notice conditions set forth in the insurance policy issued to it by the plaintiff (see, CPLR 3212 [b]). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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Bluebook (online)

205 A.D.2d 516, 614 N.Y.S.2d 272, 1994 N.Y. App. Div. LEXIS 5982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudential-lmi-commercial-insurance-v-board-of-managers-elmwood-park-nyappdiv-1994.