Preview
FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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UNION MUTUAL FIRE INSURANCE COMPANY,
Plaintiff, SUMMONS
vs. Index No.:
WOODBINE GOLD, LLC, NEW YORK PROPERTY
INSURANCE UNDERWRITING ASSOCIATION, as
Subrogee of Victoria Pilier,
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and
to serve a copy of your Answer, or, if the Complaint is not served with a Summons, to serve a
Notice of Appearance, on Plaintiff's attorneys within twenty (20) days after the service of this
Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner than by personal delivery within the State of
New York. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
The venue, New York County, is Plaintiff’s designation, as it is the principal place
of business of the defendant, New York Property Insurance Underwriting Association.
Dated: June 5, 2020
Buffalo, New York
HURWITZ & FINE, P.C.
/s/ Brian D. Barnas, Esq.
_________________________________
Brian D. Barnas, Esq.
Attorneys for Plaintiff,
Union Mutual Fire Insurance Company
1300 Liberty Building
Buffalo, New York 14202
(716) 849-8900
bdb@hurwitzfine.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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UNION MUTUAL FIRE INSURANCE COMPANY,
Plaintiff, COMPLAINT
vs. Index No.:
WOODBINE GOLD, LLC, NEW YORK PROPERTY
INSURANCE UNDERWRITING ASSOCIATION, as
Subrogee of Victoria Pilier,
Defendants.
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Plaintiff, Union Mutual Fire Insurance Company (“Union Mutual”), by and through its
attorneys, Hurwitz & Fine, P.C., as and for its Complaint against the defendants alleges, upon
information and belief:
1. Union Mutual is a foreign corporation licensed to transact insurance business in
New York State, including issuance of the insurance policy alleged below.
2. Defendant Woodbine Gold, LLC (“Woodbine”) is a domestic limited liability
company with its principal place of business in Nassau County, New York.
3. Defendant New York Property Insurance Underwriting Association
(“New York Property”) is a domestic business corporation with its principal place of business in
New York County, New York.
4. Upon information and belief, New York Property is a subrogee of Victoria Pilier.
5. Upon information and belief, Victoria Pilier (“Ms. Pilier”) was and still is an adult
resident of Kings County, New York.
6. New York Property is named as a defendant herein in order for complete relief to
be afforded to all who may be impacted by this declaratory judgment action.
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THE UNION MUTUAL POLICY
7. Union Mutual issued a commercial package insurance policy,
Policy Number 314PK-31832-01, to Woodbine for the period from June 15, 2015 to
June 15, 2016 (the “Policy”). The terms and conditions of the Policy are incorporated herein by
reference.
8. The premises at 278 Woodbine Street, Brooklyn, New York 11221 (the
“Premises”) is the sole designated risk location under the Policy.
9. Subject to all of its terms and conditions, the Policy includes liability coverage for
property damage subject to a $1,000,000 per occurrence limit.
10. The Policy’s insuring agreement provides in pertinent part:
NEW YORK CHANGES – COMMERCIAL GENERAL
LIABILITY COVERAGE FORM, CG 01 63 (09/99)
This endorsement modifies the insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph 1. Insuring Agreement of Section 1 – Coverage A.
Bodily Injury And Property Damage Liability is replaced by the
following:
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated
to pay as damages because of “bodily injury” or “property damage”
to which this insurance applies. We will have the right and duty to
defend the insured against any “suit” seeking those damages even if
the allegations of the “suit” are groundless, false or fraudulent.
However, we will have no duty to defend the insured against any
“suit” seeking damages for “bodily injury” or “property damage” to
which this insurance does not apply. We may, at our discretion,
investigate any “occurrence” and settle any claim or “suit” that may
result.
11. The Policy also contains an endorsement titled “Independent or Sub-Contractors
Conditions Endorsement, form GL UM 0684 04 13, which states:
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THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED
UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE
FORM
This policy shall only afford independent or subcontractor’s
coverage when all of the following conditions have been met:
CONDITIONS – INDEPENDENT CONTRACTORS AND
SUBCONTRACTORS COVERAGE
1. With respect to work performed on your behalf by
independent contractors or subcontractors, if (1) each such
independent contractor or subcontractor carries insurance
providing coverage for the “bodily injury” or “property
damage” that would be subject to the exclusions in
paragraphs 2, 3 and 4 below and; (2) such insurance
provides coverage and limits at least equal to that provided
by this policy but for the exclusions in paragraphs 2, 3 and
4 below and; (3) you have been named as an additional
insured on such insurance coverage, then the exclusions in
paragraphs 2, 3 and 4 below shall not apply and this policy
shall be excess over such insurance.
Otherwise;
2. This insurance does not apply to “bodily injury” or
“property damage” arising out of any and all work
performed by independent contractors and subcontractors,
regardless of whether such work is performed on your
behalf or whether such work is performed for you or for
others. This exclusion applies regardless of where such
work is performed.
3. This insurance does not apply to “bodily injury” or
“property damage” included in the “products-completed
operations hazard” and arising out of any and all work
performed by independent contractors or subcontractors,
regardless of whether such work is performed on your
behalf or whether such work is performed for you or for
others. This exclusion applies regardless of where such
work is performed.
4. This insurance does not apply to “bodily injury” or
“property damage” sustained by any owner, partner or
employee of any independent contractor or subcontractor
working for you or on your behalf, regardless of whether
such work is performed on your behalf or whether such
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work is performed for you or for others. This exclusion
applies regardless of where such work is performed.
12. The Policy also contains policy an endorsement titled “EXCLUSION –
DESIGNATED ONGOING OPERATIONS" (CG 21 53 01 96), which states in relevant part:
This endorsement modifies insurance provided under the
following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description of Designated Ongoing Operation(s):
Any construction, renovation or repair work being performed at
any insured location, except when performed by independent
contractors and/or subcontractors who have met the conditions of
the Independent or SubContractors Endorsement … attached to the
policy.
Specified Location (If Applicable):
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
The following exclusion is added to paragraph 2., Exclusions of
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY (Section I – Coverages):
This insurance does not apply to “bodily injury” and “property
damage” arising out of the ongoing operations described in the
Schedule of this endorsement, regardless of whether such
operations are conducted by you or on your behalf or whether the
operations are conducted for yourself or for others.
Unless a “location” is specified in the Schedule, this exclusion
applies regardless of where such operations are conducted by you
or on your behalf. If a specific “location” is designated in the
Schedule of this endorsement, this exclusion applies only to the
described ongoing operations conducted at that “location”.
For the purpose of this endorsement, “location” means premises
involving the same or connecting lots, or premises whose
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connection is interrupted only by a street, roadway, waterway or
right-of-way of a railroad.
THE UNDERLYING INCIDENT
13. At all times hereinafter mentioned, Woodbine owned the Premises.
14. On or prior to March 6, 2016, Woodbine retained an independent contractor to
perform construction, renovation, and/or repair work to the roof of the Premises pursuant to a
written contract.
15. On March 6, 2016, Woodbine’s independent contractor started a fire at the
Premises during the course of their ongoing construction, renovation and/or repair work at the
Premises while using a torch to heat roofing material and roofing cement (the
“Underlying Incident”).
16. As a result of the Underlying Incident, Ms. Pilier claims that her property at
376 Woodbine Street, Brooklyn, New York was damaged.
17. As a result of the Underlying Incident, New York Property claims that it paid
Ms. Pilier $112,472.16 to compensate her for damage to her property.
18. On or about January 3, 2019, New York Property commenced an action in
New York Supreme Court, Kings County, styled New York Property Insurance Underwriting
Association as subrogee of Victoria Pilier against Woodbine Gold LLC,
Index Number 500111/2019 (the “Underlying Action”).
19. The Complaint in the Underlying Action alleges that Woodbine, through its
contractors and subcontractors performed roofing work at the Premises using an open flame
torch that caused fire damage to Ms. Pilier’s property.
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UNION MUTUAL’S DISCLAIMER OF COVERAGE
20. By correspondence dated May 26, 2020, Union Mutual timely disclaimed
coverage for the Underlying Incident and Underlying Action based on the Independent or Sub-
Contractors Conditions Endorsement and the exclusion for Designated Ongoing Operations. The
terms of Union Mutual’s May 26, 2020, disclaimer are incorporated herein by reference.
21. Nevertheless, Union Mutual assigned Woodbine a gratuitous defense in the
Underlying Action subject to resolution of the coverage issues in this declaratory judgment
action.
FIRST CAUSE OF ACTION
22. Union Mutual repeats and realleges each and every allegation contained in
paragraphs 1 through 21 as if fully set forth herein.
23. The Policy excludes coverage for property damage arising out of any and all work
performed by independent contractors and/or subcontractors.
24. The Underlying Incident arose out of work performed by an independent
contractor and/or subcontractor working for Woodbine.
25. Accordingly, there is no coverage under the Policy for the Underlying Incident or
Underlying Action because they arose out of work performed by an independent contractor
and/or subcontractor.
SECOND CAUSE OF ACTION
26. Union Mutual repeats and realleges each and every allegation contained in
paragraphs 1 through 25 as if fully set forth herein.
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27. The Policy excludes coverage for property damage arising out of the ongoing
operations of any construction, renovation and/or repair work being performed at any insured
location.
28. The Underlying Incident arose out of ongoing construction, renovation, and/or
repair work being performed to the roof of the Premises by a contractor hired by Woodbine.
29. In light of the foregoing, there is no coverage under the Policy for the
Underlying Incident or Underlying Action because they arose out of ongoing construction,
renovation, and/or repair work being performed at the Premises.
WHEREFORE, Union Mutual respectfully requests judgment:
(1) declaring that there is no coverage under the Union Mutual policy issued to
Woodbine for the Underlying Incident and the lawsuit styled New York Property Insurance
Underwriting Association as subrogee of Victoria Pilier against Woodbine Gold LLC,
Index Number 500111/2019, Supreme Court, Kings County;
(2) declaring that Union Mutual may withdraw from the defense of Woodbine in the
underlying lawsuit styled New York Property Insurance Underwriting Association as subrogee
of Victoria Pilier against Woodbine Gold LLC, Index Number 500111/2019, Supreme Court,
Kings County;
(3) granting such other and further relief as may be just, equitable, and proper,
together with the costs and disbursements of this action.
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Dated: June 5, 2020
Buffalo, New York
HURWITZ & FINE, P.C.
/s/ Brian D. Barnas, Esq.
_________________________________
Brian D. Barnas, Esq.
Attorneys for Plaintiff,
Union Mutual Fire Insurance Company
1300 Liberty Building
Buffalo, New York 14202
(716) 849-8900
bdb@hurwitzfine.com
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Preview
FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X UNION MUTUAL FIRE INSURANCE COMPANY, Plaintiff, SUMMONS vs. Index No.: WOODBINE GOLD, LLC, NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION, as Subrogee of Victoria Pilier, Defendants. ---------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your Answer, or, if the Complaint is not served with a Summons, to serve a Notice of Appearance, on Plaintiff's attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The venue, New York County, is Plaintiff’s designation, as it is the principal place of business of the defendant, New York Property Insurance Underwriting Association. Dated: June 5, 2020 Buffalo, New York HURWITZ & FINE, P.C. /s/ Brian D. Barnas, Esq. _________________________________ Brian D. Barnas, Esq. Attorneys for Plaintiff, Union Mutual Fire Insurance Company 1300 Liberty Building Buffalo, New York 14202 (716) 849-8900 bdb@hurwitzfine.com 1 1 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X UNION MUTUAL FIRE INSURANCE COMPANY, Plaintiff, COMPLAINT vs. Index No.: WOODBINE GOLD, LLC, NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION, as Subrogee of Victoria Pilier, Defendants. ---------------------------------------------------------------------X Plaintiff, Union Mutual Fire Insurance Company (“Union Mutual”), by and through its attorneys, Hurwitz & Fine, P.C., as and for its Complaint against the defendants alleges, upon information and belief: 1. Union Mutual is a foreign corporation licensed to transact insurance business in New York State, including issuance of the insurance policy alleged below. 2. Defendant Woodbine Gold, LLC (“Woodbine”) is a domestic limited liability company with its principal place of business in Nassau County, New York. 3. Defendant New York Property Insurance Underwriting Association (“New York Property”) is a domestic business corporation with its principal place of business in New York County, New York. 4. Upon information and belief, New York Property is a subrogee of Victoria Pilier. 5. Upon information and belief, Victoria Pilier (“Ms. Pilier”) was and still is an adult resident of Kings County, New York. 6. New York Property is named as a defendant herein in order for complete relief to be afforded to all who may be impacted by this declaratory judgment action. 1 2 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 THE UNION MUTUAL POLICY 7. Union Mutual issued a commercial package insurance policy, Policy Number 314PK-31832-01, to Woodbine for the period from June 15, 2015 to June 15, 2016 (the “Policy”). The terms and conditions of the Policy are incorporated herein by reference. 8. The premises at 278 Woodbine Street, Brooklyn, New York 11221 (the “Premises”) is the sole designated risk location under the Policy. 9. Subject to all of its terms and conditions, the Policy includes liability coverage for property damage subject to a $1,000,000 per occurrence limit. 10. The Policy’s insuring agreement provides in pertinent part: NEW YORK CHANGES – COMMERCIAL GENERAL LIABILITY COVERAGE FORM, CG 01 63 (09/99) This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section 1 – Coverage A. Bodily Injury And Property Damage Liability is replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages even if the allegations of the “suit” are groundless, false or fraudulent. However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. We may, at our discretion, investigate any “occurrence” and settle any claim or “suit” that may result. 11. The Policy also contains an endorsement titled “Independent or Sub-Contractors Conditions Endorsement, form GL UM 0684 04 13, which states: 2 3 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This policy shall only afford independent or subcontractor’s coverage when all of the following conditions have been met: CONDITIONS – INDEPENDENT CONTRACTORS AND SUBCONTRACTORS COVERAGE 1. With respect to work performed on your behalf by independent contractors or subcontractors, if (1) each such independent contractor or subcontractor carries insurance providing coverage for the “bodily injury” or “property damage” that would be subject to the exclusions in paragraphs 2, 3 and 4 below and; (2) such insurance provides coverage and limits at least equal to that provided by this policy but for the exclusions in paragraphs 2, 3 and 4 below and; (3) you have been named as an additional insured on such insurance coverage, then the exclusions in paragraphs 2, 3 and 4 below shall not apply and this policy shall be excess over such insurance. Otherwise; 2. This insurance does not apply to “bodily injury” or “property damage” arising out of any and all work performed by independent contractors and subcontractors, regardless of whether such work is performed on your behalf or whether such work is performed for you or for others. This exclusion applies regardless of where such work is performed. 3. This insurance does not apply to “bodily injury” or “property damage” included in the “products-completed operations hazard” and arising out of any and all work performed by independent contractors or subcontractors, regardless of whether such work is performed on your behalf or whether such work is performed for you or for others. This exclusion applies regardless of where such work is performed. 4. This insurance does not apply to “bodily injury” or “property damage” sustained by any owner, partner or employee of any independent contractor or subcontractor working for you or on your behalf, regardless of whether such work is performed on your behalf or whether such 3 4 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 work is performed for you or for others. This exclusion applies regardless of where such work is performed. 12. The Policy also contains policy an endorsement titled “EXCLUSION – DESIGNATED ONGOING OPERATIONS" (CG 21 53 01 96), which states in relevant part: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Ongoing Operation(s): Any construction, renovation or repair work being performed at any insured location, except when performed by independent contractors and/or subcontractors who have met the conditions of the Independent or SubContractors Endorsement … attached to the policy. Specified Location (If Applicable): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I – Coverages): This insurance does not apply to “bodily injury” and “property damage” arising out of the ongoing operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a “location” is specified in the Schedule, this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific “location” is designated in the Schedule of this endorsement, this exclusion applies only to the described ongoing operations conducted at that “location”. For the purpose of this endorsement, “location” means premises involving the same or connecting lots, or premises whose 4 5 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. THE UNDERLYING INCIDENT 13. At all times hereinafter mentioned, Woodbine owned the Premises. 14. On or prior to March 6, 2016, Woodbine retained an independent contractor to perform construction, renovation, and/or repair work to the roof of the Premises pursuant to a written contract. 15. On March 6, 2016, Woodbine’s independent contractor started a fire at the Premises during the course of their ongoing construction, renovation and/or repair work at the Premises while using a torch to heat roofing material and roofing cement (the “Underlying Incident”). 16. As a result of the Underlying Incident, Ms. Pilier claims that her property at 376 Woodbine Street, Brooklyn, New York was damaged. 17. As a result of the Underlying Incident, New York Property claims that it paid Ms. Pilier $112,472.16 to compensate her for damage to her property. 18. On or about January 3, 2019, New York Property commenced an action in New York Supreme Court, Kings County, styled New York Property Insurance Underwriting Association as subrogee of Victoria Pilier against Woodbine Gold LLC, Index Number 500111/2019 (the “Underlying Action”). 19. The Complaint in the Underlying Action alleges that Woodbine, through its contractors and subcontractors performed roofing work at the Premises using an open flame torch that caused fire damage to Ms. Pilier’s property. 5 6 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 UNION MUTUAL’S DISCLAIMER OF COVERAGE 20. By correspondence dated May 26, 2020, Union Mutual timely disclaimed coverage for the Underlying Incident and Underlying Action based on the Independent or Sub- Contractors Conditions Endorsement and the exclusion for Designated Ongoing Operations. The terms of Union Mutual’s May 26, 2020, disclaimer are incorporated herein by reference. 21. Nevertheless, Union Mutual assigned Woodbine a gratuitous defense in the Underlying Action subject to resolution of the coverage issues in this declaratory judgment action. FIRST CAUSE OF ACTION 22. Union Mutual repeats and realleges each and every allegation contained in paragraphs 1 through 21 as if fully set forth herein. 23. The Policy excludes coverage for property damage arising out of any and all work performed by independent contractors and/or subcontractors. 24. The Underlying Incident arose out of work performed by an independent contractor and/or subcontractor working for Woodbine. 25. Accordingly, there is no coverage under the Policy for the Underlying Incident or Underlying Action because they arose out of work performed by an independent contractor and/or subcontractor. SECOND CAUSE OF ACTION 26. Union Mutual repeats and realleges each and every allegation contained in paragraphs 1 through 25 as if fully set forth herein. 6 7 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 27. The Policy excludes coverage for property damage arising out of the ongoing operations of any construction, renovation and/or repair work being performed at any insured location. 28. The Underlying Incident arose out of ongoing construction, renovation, and/or repair work being performed to the roof of the Premises by a contractor hired by Woodbine. 29. In light of the foregoing, there is no coverage under the Policy for the Underlying Incident or Underlying Action because they arose out of ongoing construction, renovation, and/or repair work being performed at the Premises. WHEREFORE, Union Mutual respectfully requests judgment: (1) declaring that there is no coverage under the Union Mutual policy issued to Woodbine for the Underlying Incident and the lawsuit styled New York Property Insurance Underwriting Association as subrogee of Victoria Pilier against Woodbine Gold LLC, Index Number 500111/2019, Supreme Court, Kings County; (2) declaring that Union Mutual may withdraw from the defense of Woodbine in the underlying lawsuit styled New York Property Insurance Underwriting Association as subrogee of Victoria Pilier against Woodbine Gold LLC, Index Number 500111/2019, Supreme Court, Kings County; (3) granting such other and further relief as may be just, equitable, and proper, together with the costs and disbursements of this action. 7 8 of 9 FILED: NEW YORK COUNTY CLERK 06/05/2020 03:19 PM INDEX NO. 652286/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2020 Dated: June 5, 2020 Buffalo, New York HURWITZ & FINE, P.C. /s/ Brian D. Barnas, Esq. _________________________________ Brian D. Barnas, Esq. Attorneys for Plaintiff, Union Mutual Fire Insurance Company 1300 Liberty Building Buffalo, New York 14202 (716) 849-8900 bdb@hurwitzfine.com 8 9 of 9