Legal Opinion

Narob Development Corp. v. Insurance Co. of North America

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

Decided September 7, 1995PublishedCited by 21 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered May 26, 1994, after jury trial, in favor of plaintiffs in the sum of $187,695, with interest from April 4, 1992, unanimously reversed, on the law, and the complaint dismissed, without costs.

The policy exclusion at issue barred recovery by plaintiffs, and the trial court erred in denying defendant a directed verdict. After finding that the evidence presented at trial established that the retaining wall collapsed due to plaintiffs’ defective workmanship and that the first sentence of "Exclusion 9” of the insurance policy…

2Cases cited2 opinions

  1. 80 Broad Street Co. v. United States Fire InsuranceNew York Supreme Court · 1975
  2. 80 Broad Co. v. United States Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by21 opinions

  1. Fiess v. State Farm LloydsTexas Supreme Court · 2006
  2. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  3. Montefiore Medical Center v. American Protection InsuranceDistrict Court, S.D. New York · 2002
  4. Yale University v. Cigna InsuranceDistrict Court, D. Connecticut · 2002
  5. Lantheus Medical Imaging, Inc. v. Zurich American Ins. Co.District Court, S.D. New York · 2015

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