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ABRAHAM SCHARF et al., Respondents, v. GENERALI — U.S. BRANCH, Appellant.

We agree with Supreme Court that plaintiff owners' receipt of the Health Department's Order to Abate Nuisance did not trigger their obligation under the subject insurance contract to notify defendant of a potential claim. The Order to Abate Nuisance did not apprise the owners that a particular infant tenant in their building had been injured by elevated lead levels in his apartment and thus did not place them on notice of "a concrete threat of litigation" ( see, Public Serv. Mut. Ins. Co. v. AYFAS Realty Corp., 234 A.D.2d 226, lv dismissed 90 N.Y.2d 844; see also, Mount Vernon Fire Ins. Co. v. East Side Renaissance Assocs., 893 F. Supp. 242, 248-249; compare, Mount Vernon Fire Ins. Co. v. Arec Bros. Corp., US Dist Ct, ED NY, Jan. 19, 1995, 91 Civ 708).

Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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SCHARF v. GENERALI
(Mar 16, 1999)