Motion for Discovery in A.S., An Infant Under The Age Of Three (3) Years, By Her Father And Natural Guardian Yacouba Sawadogo And Yacouba Sawadogo, Individually, v. Sing Star 401 Management Llc| Trellis.Law

On April 17, 2023 a Answer was filed involving a dispute between A.S., An Infant Under The Age Of Three, and Sing Star 401 Management Llc, for Torts - Other Negligence (Premises) in the District Court of Westchester County.

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FILED: WESTCHESTER COUNTY CLERK 07/25/2023 11:35 AM INDEX NO. 59614/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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A.S. an infant under the age of three (3) years, by her
Father and Natural Guardian YACOUBA SAWADOGO Index No. 59614/2023
and YACOUBA SAWADOGO, individually,
VERIFIED ANSWER
Plaintiffs, TO VERIFIED COMPLAINT

-against-

SING STAR 401 MANAGEMENT LLC,

Defendants.
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Defendant Sing Star 401 Management LLC (“Sing Star”), answers the verified

complaint as follows, upon information and belief:

Answer to “First Cause of Action”

1. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “1”.

2. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “2”.

3. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “3”.

4. Sing Star admits the truth of the allegations contained in paragraph “4”

except denies “at all times hereinafter mentioned” as unduly vague.

5. Sing Star admits the truth of the allegations contained in paragraph “5”

except denies “at all times hereinafter mentioned” as unduly vague.

6. Sing Star admits the truth of the allegations contained in paragraph “6”

except denies “at all times hereinafter mentioned” as unduly vague.

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7. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “7”.

8. Sing Star admits the truth of the allegation contained in paragraph “8”

except denies “at all times hereinafter mentioned” as unduly vague.

9. Paragraph “9” does not make any sense and thus Sing Star denies the truth

of the allegations contained in paragraph “9”.

10. Sing Star admits the truth of the allegations contained in paragraph “10”.

11. Sing Star admits the truth of the allegations contained in paragraph “11”.

12. Sing Star admits the truth of the allegations contained in paragraph “12”.

13. Paragraph “13” is vague and thus Sing Star denies the truth of the

allegations contained in paragraph “13”.

14. Paragraph “14” is vague” and thus Sing Star denies the truth of the

allegation contained in paragraph “14”.

15. Sing Star denies the truth of the allegation contained in paragraph “15”.

16. Sing Star admits the truth of the allegations contained in paragraph “16”.

17. Sing Star denies the truth of the allegations contained in paragraph “17”.

18. Sing Star denies the truth of the allegations contained in paragraph “18”.

19. Sing Star admits the truth of the allegations contained in paragraph “19”.

20. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “20”.

21. Sing Star denies the truth of the allegations contained in paragraph “21”.

22. Sing Star denies the truth of the allegations contained in paragraph “22”.

23. Sing Star denies the truth of the allegations contained in paragraph “23”.

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24. Sing Star denies the truth of the allegations contained in paragraph “24”.

25. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “25”.

26. Sing Star denies the truth of the allegations contained in paragraph “26”.

27. Sing Star denies the truth of the allegations contained in paragraph “27”.

28. Sing Star denies the truth of the allegations contained in paragraph “28”.

29. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “29”.

30. Sing Star denies the truth of the allegations contained in paragraph “30”.

31. Sing Star denies the truth of the allegations contained in paragraph “31”.

32. Sing Star denies the truth of the allegations contained in paragraph “32”.

33. Sing Star denies the truth of the allegations contained in paragraph “33”.

34. Sing Star denies the truth of the allegations contained in paragraph “34.”

Answer to “Second Cause of Action”

35. Sing Star reiterates its responses to paragraphs “1” through “34” as if fully

set forth herein.

36. Sing Star denies knowledge and information sufficient to form a belief as

to the truth of the allegations contained in paragraph “36”.

37. Sing Star denies the truth of the allegations contained in paragraph “37”.

38. Sing Star denies the truth of the allegations contained in paragraph “38”.

39. Sing Star denies the truth of the allegations contained in paragraph “39”.

40. Sing Star denies the truth of the allegations contained in paragraph “40”.

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AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

41. Plaintiffs are barred from recovery by reason of the fact that the alleged

injuries are entirely the result of culpable conduct on the part of plaintiffs or in the event

plaintiffs are entitled to recover, the amount of damages otherwise should be diminished

in the same proportion as the culpable conduct attributed to plaintiffs.

SECOND AFFIRMATIVE DEFENSE

42. Any amount awarded against Sing Star must be reduced by the amount

received from or indemnified by any collateral source pursuant to CPLR 4545.

THIRD AFFIRMATIVE DEFENSE

43. The alleged injuries were caused by culpable conduct of persons other than

Sing Star and unknown to Sing Star.

FOURTH AFFIRMATIVE DEFENSE

44. The alleged injuries were not proximately caused by Sing Star.

FIFTH AFFIRMATIVE DEFENSE

45. The alleged injuries were not foreseeable by Sing Star at the time of the

alleged injuries.

SIXTH AFFIRMATIVE DEFENSE

46. Plaintiffs assumed the risk of the injuries by their behavior at the time of the

injuries.

SEVENTH AFFIRMATIVE DEFENSE

47. Plaintiffs’ claims of damages are vastly overstated.

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EIGHTH AFFIRMATIVE DEFENSE

48. Sing Star is protected from liability by the New York General Obligations

Law to the extent any culpable entity is given a release or covenant not to sue by plaintiffs.

NINTH AFFIRMATIVE DEFENSE

49. If Sing Star is held liable to plaintiffs, which liability is expressly denied,

the liability is several pursuant to CPLR Article 16.

TENTH AFFIRMATIVE DEFENSE

50. The infant plaintiffs’ injuries, if any, were caused by historical,

environmental, genetic and other miscellaneous factors unknown to defendants at this time.

ELEVENTH AFFIRMATIVE DEFENSE

51. Any hazard at the premises in question is the responsibility of the tenants,

or other persons who resided in the premises and had responsibility for maintenance and

repair of the premises.

TWELFTH AFFIRMATIVE DEFENSE

52. One or more causes of action fail to state a claim upon which relief may be

granted.

THIRTEENTH AFFIRMATIVE DEFENSE

53. Plaintiffs failed to mitigate their damages.

FOURTEENTH AFFIRMATIVE DEFENSE

54. The infant plaintiffs’ injuries were caused by his/her parents’ failure to

properly supervise the infant.

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FIFTEENTH AFFIRMATIVE DEFENSE

55. Plaintiffs cannot meet their burden of proof of causation pursuant to Parker

v. Mobil Oil Corp., 7 N.Y.3d 434, 824 N.Y.S.2d 584 (2006) and Sean R. v. BMW of North

America, LLC, 26 N.Y.3d 801, 28 N.Y.S.3d 656 (2016).

SIXTEENTH AFFIRMATIVE DEFENSE

56. Plaintiffs failed to state a claim against Sing Star because there was no

notice of any lead paint condition at the premises in question pursuant to Chapman v.

Silber, 97 N.Y.2d 9, 734 N.Y.S.2d 541 (2001) and Andrade v Wong, 251 A.D.2d 609, 675

N.Y.S.2d 112 (2d Dep’t 1998) with reasonable opportunity to cure.

SEVENTEENTH AFFIRMATIVE DEFENSE

57. The infant plaintiff’s injuries were caused by his/her exposure to lead in a

different location other than the premises or otherwise from other sources of lead such as

food, jewelry, crockery and toys.

EIGHTEENTH AFFIRMATIVE DEFENSE

58. Any claim for loss of services of an infant is not cognizable under New

York Law and fails to state a claim upon which relief may be granted. Turturro v. City of

New York, 127 A.D.3d 732, 739, 5 N.Y.S.3d 306, 313 (2d Dept’ 2015); Dunphy v. J & I

Sports Enterprises, Inc., 297 A.D.2d 23, 748 N.Y.S.2d 595 (2d Dep’t 2002); DeVito v.

Opatich, 215 A.D.2d 714, 627 N.Y.S.2d 441 (2d Dep’t 1995) (Loss of society of a child is

not compensable and loss of services is not compensable where there is no proof of

compensable services); Leasure v. 1221-1225 Realty, LLC, 25 Misc.3d 1226(A), 906

N.Y.S.2d 773, 2009 WL 3823269 (Kings C’nty Sup. Ct. 2009) (Unreported Decision) Slip

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Op. at 8 (“[I]n New York parents generally cannot recover for loss of consortium/loss of

services for their children” citing DeVito).

WHEREFORE, Sing Star demands that the verified complaint be dismissed

against it in all respects, and such other relief be granted as the Court deems just and

proper.

Dated: Islip, New York
July 25, 2023
Richard A. Fogel

Richard A. Fogel, Esq.
Law Offices of Richard A. Fogel, P.C.
389 Cedar Avenue,
Islip, New York 11751-4627
(516) 721-7161
(631) 650-5254 (fax)
rfogel@rfogellaw.com

Counsel for Defendant
Sing Star 401 Management LLC

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ATTORNEY'S VERIFICATION
Richard A. Fogel, an attorney admitted to practice before the courts of the State of

New York, affirms, under penalty of perjury, I am an attorney with the Law Offices of Richard

A. Fogel, P.C., counsel for Sing Star in the within action. I have read the Verified Answer of

Sing Star to the Verified Complaint, know the contents thereof, and the same is true to my

own knowledge, except as to the matters stated to be alleged on information and belief, and

that as to those matters, I believe them to be true based upon my review of file materials and

discussions with my client. This verification is made by me and not by my client because the

client does not reside in the county where this law firm maintains its office.

Dated: July 25, 2023
Islip, N.Y.
Richard A. Fogel
_________________________
Richard A. Fogel, Esq.

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-against-

SING STAR 401 MANAGEMENT LLC,

Defendants.
------------------------------------------------------------------X

Pursuant to CPLR 3101(f), defendant discloses that it does not possess any

insurance for the claims in this litigation. A copy of the policy with the lead exclusion is

enclosed.

Dated: Islip, New York
July 25, 2023 Richard A. Fogel

Richard A. Fogel, Esq.
Law Offices of Richard A. Fogel, P.C.
389 Cedar Avenue
Islip, New York 11751-4627
(516) 721-7161

Counsel for Defendant

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SENECA INSURANCE COMPANY, INC.
199 WATER STREET, 29th FL.
NEW YORK, NY 10038

COMMON POLICY DECLARATIONS
POLICY NUMBER: SCC 8800549 PREVIOUS POLICY NUMBER: SCC 8800549
COMPANY NAME 7105 PRODUCER NAME 88047
SENECA INSURANCE COMPANY, INC. Gvision Insurance Agency LLC
199 WATER STREET, 29th FL. 3609 Main Street
NEW YORK, NY 10038 Suite 205
Flushing, NY 11354

NAMED INSURED: Sing Star 401 Management, LLC

MAILING ADDRESS: 60 Henry St., Apt. 1F
New York, NY 10002

POLICY PERIOD: FROM 07/17/2023 TO 07/17/2024
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE.

BUSINESS DESCRIPTION Bldg. Owner
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLO WING COVERAGE PARTS FOR WHICH A PREMIUM IS
INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
COMMERCIAL GENERAL LIABILITY COVERAGE PART $893.00
COMMERCIAL PROPERTY COVERAGE PART $2,197.00
TERRORISM - CERTIFIED ACTS (GENERAL LIABILITY) EXCLUDED
TERRORISM - CERTIFIED ACTS (PROPERTY) EXCLUDED
TOTAL: $3,090.00
NY Fire Insurance Fee: $5.05
TOTAL PAYABLE: $3,095.05

IL DS 00 09 07 c ISO Properties, Inc., 2006 Page 1 of 2
11 of 147 AGENCY BILL
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POLICY NUMBER: SCC 8800549

FORMS APPLICABLE TO ALL COVERAGE PARTS (SHOW NUMBERS):

See Schedule of Forms and Endorsements.

Countersigned By:

(Date) (Authorized Representative)

IL DS 00 09 07 c ISO Properties, Inc., 2006 Page 2 of 2

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SCHEDULE OF FORMS AND ENDORSEMENTS

POLICY NUMBER: EFFECTIVE DATE:
SCC 8800549 07/17/2023

NUMBER TITLE
COMMON

IL DS 00 (09-07) Common Policy Declarations
40-075 (10-20) Claims Notification
IL 00 17 (11-98) Common Policy Conditions
IL 00 23 (07-02) Nuclear Energy Liability Exclusion Endorsement (Broad Form)
IL 01 83 (08-08) New York Changes - Fraud
IL 02 68 (01-14) New York Changes - Cancellation And Nonrenewal
IL 09 35 (07-02) Exclusion Of Certain Computer-Related Losses
IL 09 53 (01-15) Exclusion of Certified Acts of Terrorism
IL 09 85 (12-20) Disclosure Pursuant To Terrorism Risk Insurance Act
IL P 001 (01-04) U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC")
Advisory Notice To Policyholders

PROPERTY

CP DS 00 (10-00) Commercial Property Coverage Part Declarations
CP 00 10 (10-12) Building And Personal Property Coverage Form
CP 00 30 (10-12) Business Income (And Extra Expense) Coverage Form
CP 00 90 (07-88) Commercial Property Conditions
CP 01 33 (05-18) New York Changes
CP 01 64 (09-17) New York Changes-Fungus, Wet Rot And Dry Rot
CP 01 78 (08-08) New York - Exclusion Of Loss Due To Virus Or Bacteria
CP 10 30 (09-17) Causes of Loss - Special Form
CP 10 33 (10-12) Theft Exclusion
CP 10 77 (12-20) Cyber Incident Exclusion - New York
CP P 017 (03-20) New York Coronavirus - Business Interruption And Related Coverages
Advisory Notice To Policyholders

GENERAL LIABILITY

CG DS 01 (10-01) Commercial General Liability Declarations
CG 00 01 (04-13) Commercial General Liability Coverage Form
CG 01 04 (12-04) New York Changes - Premium Audit
CG 01 63 (04-17) New York Changes - Commercial General Liability Coverage Form
CG 21 06 (05-14) Exclusion - Access Or Disclosure Of Confidential Or Personal
Information And Data-Related Liability - With Limited Bodily Injury
Exception
CG 21 14 (04-17) New York - Limitation Of Coverage To Designated Premises, Project Or
Operation
CG 21 46 (07-98) Abuse or Molestation Exclusion
CG 21 47 (12-07) Employment-Related Practices Exclusion
CG 21 65 (12-04) Total Pollution Exclusion With A Building Heating, Cooling And
Dehumidifying Equipment Exception And A Hostile Fire Exception
CG 21 73 (01-15) Exclusion of Certified Acts of Terrorism
CG 26 21 (10-91) New York Changes - Transfer Of Duties When A Limit Of Insurance Has
Been Used Up
17-283 (07-15) Absolute Asbestos Exclusion
17-284 (07-15) Lead Exclusion

Page 1 of 1
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SENECA INSURANCE COMPANY, INC.

CLAIMS NOTIFICATION

For immediate claims service (available 24 hours/day – 7 days a week), you
may contact the company as follows:

Telephone: M-F 8am to 5pm: (800) 442-5723
After-hours: (917) 270-2648

E-Mail: claims@senecainsurance.com

Fax: (855) 840-9682 Attention: Claims Department

In writing, to:

Seneca Insurance Company, Inc.
Claims Department
199 Water Street, 29th Floor
New York, New York 10038

ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information
only and does not become a part or condition of the attached policy.

40-075 (10/20)

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IL 00 17 11 98

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation b. Give you reports on the conditions we find;
1. The first Named Insured shown in the Declara- and
tions may cancel this policy by mailing or de- c. Recommend changes.
livering to us advance written notice of cancel- 2. We are not obligated to make any inspections,
lation. surveys, reports or recommendations and any
2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in-
ering to the first Named Insured written notice surability and the premiums to be charged. We
of cancellation at least: do not make safety inspections. We do not un-
a. 10 days before the effective date of cancel- dertake to perform the duty of any person or
lation if we cancel for nonpayment of pre- organization to provide for the health or safety
mium; or of workers or the public. And we do not warrant
that conditions:
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason. a. Are safe or healthful; or
3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or
Named Insured's last mailing address known to standards.
us. 3. Paragraphs 1. and 2. of this condition apply
4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory,
date of cancellation. The policy period will end rate service or similar organization which
on that date. makes insurance inspections, surveys, reports
or recommendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply
cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom-
Named Insured cancels, the refund may be mendations we may make relative to certifica-
less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi-
fective even if we have not made or offered a nances or regulations, of boilers, pressure ves-
refund. sels or elevators.
6. If notice is mailed, proof of mailing will be suf- E. Premiums
ficient proof of notice. The first Named Insured shown in the Declara-
B. Changes tions:
This policy contains all the agreements between 1. Is responsible for the payment of all premiums;
you and us concerning the insurance afforded. and
The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we
tions is authorized to make changes in the terms pay.
of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under
can be amended or waived only by endorsement This Policy
issued by us and made a part of this policy.
Your rights and duties under this policy may not
C. Examination Of Your Books And Records be transferred without our written consent except
We may examine and audit your books and rec- in the case of death of an individual named in-
ords as they relate to this policy at any time during sured.
the policy period and up to three years afterward. If you die, your rights and duties will be trans-
D. Inspections And Surveys ferred to your legal representative but only while
1. We have the right to: acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 o
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IL 00 23 07 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF
TRANSPORTATION

1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury"
A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous
or "property damage": properties" of "nuclear material", if:
(1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear
the policy is also an insured under a nuclear facility" owned by, or operated by or on be-
energy liability policy issued by Nuclear En- half of, an "insured" or (b) has been dis-
ergy Liability Insurance Association, Mutual charged or dispersed therefrom;
Atomic Energy Liability Underwriters, Nu- (2) The "nuclear material" is contained in "spent
clear Insurance Association of Canada or fuel" or "waste" at any time possessed,
any of their successors, or would be an in- handled, used, processed, stored, trans-
sured under any such policy but for its ter- ported or disposed of, by or on behalf of an
mination upon exhaustion of its limit of liabil- "insured"; or
ity; or (3) The "bodily injury" or "property damage"
(2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured"
of "nuclear material" and with respect to of services, materials, parts or equipment in
which (a) any person or organization is re- connection with the planning, construction,
quired to maintain financial protection pur- maintenance, operation or use of any "nu-
suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located
any law amendatory thereof, or (b) the "in- within the United States of America, its terri-
sured" is, or had this policy not been issued tories or possessions or Canada, this exclu-
would be, entitled to indemnity from the sion (3) applies only to "property damage" to
United States of America, or any agency such "nuclear facility" and any property
thereof, under any agreement entered into thereat.
by the United States of America, or any 2. As used in this endorsement:
agency thereof, with any person or organi-
zation. "Hazardous properties" includes radioactive, toxic
or explosive properties.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily injury" "Nuclear material" means "source material", "Spe-
resulting from the "hazardous properties" of cial nuclear material" or "by-product material".
"nuclear material" and arising out of the opera-
tion of a "nuclear facility" by any person or or-
ganization.

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"Source material", "special nuclear material", and (c) Any equipment or device used for the process-
"by-product material" have the meanings given ing, fabricating or alloying of "special nuclear
them in the Atomic Energy Act of 1954 or in any material" if at any time the total amount of such
law amendatory thereof. material in the custody of the "insured" at the
"Spent fuel" means any fuel element or fuel com- premises where such equipment or device is
ponent, solid or liquid, which has been used or ex- located consists of or contains more than 25
posed to radiation in a "nuclear reactor". grams of plutonium or uranium 233 or any
combination thereof, or more than 250 grams
"Waste" means any waste material (a) containing of uranium 235;
"by-product material" other than the tailings or
wastes produced by the extraction or concentration (d) Any structure, basin, excavation, premises or
of uranium or thorium from any ore processed pri- place prepared or used for the storage or dis-
marily for its "source material" content, and (b) re- posal of "waste";
sulting from the operation by any person or organi- and includes the site on which any of the foregoing
zation of any "nuclear facility" included under the is located, all operations conducted on such site
first two paragraphs of the definition of "nuclear fa- and all premises used for such operations.
cility". "Nuclear reactor" means any apparatus designed
"Nuclear facility" means: or used to sustain nuclear fission in a self-
(a) Any "nuclear reactor"; supporting chain reaction or to contain a critical
mass of fissionable material.
(b) Any equipment or device designed or used for
(1) separating the isotopes of uranium or pluto- "Property damage" includes all forms of radioac-
nium, (2) processing or utilizing "spent fuel", or tive contamination of property.
(3) handling, processing or packaging "waste";

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IL 01 83 08 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NEW YORK CHANGES – FRAUD
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART – FARM PROPERTY – OTHER FARM PROVISIONS FORM – ADDITIONAL
COVERAGES, CONDITIONS, DEFINITIONS
FARM COVERAGE PART – LIVESTOCK COVERAGE FORM
FARM COVERAGE PART – MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE
FORM

The CONCEALMENT, MISREPRESENTATION OR
FRAUD Condition is replaced by the following:
FRAUD
We do not provide coverage for any insured ("in-
sured") who has made fraudulent statements or en-
gaged in fraudulent conduct in connection with any
loss ("loss") or damage for which coverage is sought
under this policy.
However, with respect to insurance provided under
the COMMERCIAL AUTOMOBILE COVERAGE
PART, we will provide coverage to such "insured" for
damages sustained by any person who has not made
fraudulent statements or engaged in fraudulent con-
duct if such damages are otherwise covered under
the policy.

IL 01 83 08 08 © Insurance Services Office, Inc., 2008 Page 1 of 1
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IL 02 68 01 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NEW YORK CHANGES – CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 1., 2., 3. and 5. of the Cancellation (2) Conviction of a crime arising out of acts
Common Policy Condition are replaced by the increasing the hazard insured against;
following: (3) Discovery of fraud or material
1. The first Named Insured shown in the misrepresentation in the obtaining of the
Declarations may cancel this entire policy by policy or in the presentation of a claim;
mailing or delivering to us advance written (4) After issuance of the policy or after the
notice of cancellation. last renewal date, discovery of an act or
2. Cancellation Of Policies In Effect omission, or a violation of any policy
a. 60 Days Or Less condition, that substantially and
materially increases the hazard insured
We may cancel this policy by mailing or against, and which occurred subsequent
delivering to the first Named Insured written to inception of the current policy period;
notice of cancellation at least:
(5) Material physical change in the property
(1) 30 days before the effective date of insured, occurring after issuance or last
cancellation if we cancel for any reason annual renewal anniversary date of the
not included in Paragraph A.2.b. below. policy, which results in the property
(2) 15 days before the effective date of becoming uninsurable in accordance
cancellation if we cancel for any of the with our objective, uniformly applied
reasons included in Paragraph A.2.b. underwriting standards in effect at the
below. time the policy was issued or last
renewed; or material change in the
b. For More Than 60 Days
nature or extent of the risk, occurring
If this policy has been in effect for more after issuance or last annual renewal
than 60 days, or if this policy is a renewal or anniversary date of the policy, which
continuation of a policy we issued, we may causes the risk of loss to be
cancel only for any of the reasons listed substantially and materially increased
below, provided we mail the first Named beyond that contemplated at the time
Insured written notice at least 15 days the policy was issued or last renewed;
before the effective date of cancellation:
(6) Required pursuant to a determination by
(1) Nonpayment of premium, provided the Superintendent that continuation of
however, that a notice of cancellation on our present premium volume would
this ground shall inform the first Named jeopardize our solvency or be
Insured of the amount due; hazardous to the interest of our
policyholders, our creditors or the public;

IL 02 68 01 14 © Insurance Services Office, Inc., 2013 Page 1 of 5
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(7) A determination by the Superintendent b. A change in type of coverage;
that the continuation of the policy would c. A reduction of coverage;
violate, or would place us in violation of,
any provision of the Insurance Code; or d. An increased deductible;
(8) Where we have reason to believe, in e. An addition of exclusion; or
good faith and with sufficient cause, that

Case Info

Judge

William J Giacomo Track Judge’s New Case

Case No.

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Document Filed Date

July 25, 2023

Case Filing Date

April 17, 2023

County

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Answer: A.S., An Infant Under The Age Of Three (3) Years, By Her Father And Natural Guardian Yacouba Sawadogo And Yacouba Sawadogo, Individually, v. Sing Star 401 Management Llc

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