Appellate Division of the Supreme Court of the State of New York April 14, 2011 (VBH Luxury, Inc. v. 940 Madison Associates LLC)

Judgment (denominated an order), Supreme Court, New York County (Debra A. James, J), entered August 24, 2010, declaring that third-party plaintiffs claims are excluded from coverage under the policy issued by third-party defendant Excelsior Insurance Company, unanimously reversed, on the law, without costs, the declaration vacated, and it is declared that third-party plaintiffs claims are not