Legal Opinion · Dissent

Insurance Co. v. 156 Hamilton Realty Corp.

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

Decided February 7, 1980Published

1Dissent

Silverman, J. (dissenting in part).

We would modify the *408judgment appealed from to declare that plaintiff insurance company is under an obligation to pay any judgment that may be obtained, or costs taxed, against landlord 156 Hamilton Realty Corp. by Craig Moore, the infant plaintiff.

The principal action arises out of a claim that the infant was injured by ingesting lead paint which chipped and peeled. The infant plaintiff resided with his mother Paulina Moore in an apartment of which defendant Realty Corp. was the landlord. Plaintiff insurance company had issued a liability insurance policy to…

2Cases cited2 opinions

  1. In Re the Arbitration Between Lloyd & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1969
  2. Ferguson v. Nationwide Mutual InsuranceCivil Court of the City of New York · 1970

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