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The Leasing Hotline

By ALM Staff | Law Journal Newsletters |
November 26, 2010

Insurer Ordered to Defend 'Sturgeon King' Against Odor Allegations

A federal court has turned up its nose at an insurance company's attempt to brand as “pollution” the smells wafting from the famed Barney Greengrass delicatessen in New York City. Barney Greengrass Inc. v. Lumberman's Mutual Casualty Co., 09 Civ. 7697. Southern District Judge Naomi Reice Buchwald ruled that Lumberman's Mutual Casualty Co. must defend the 102-year-old eatery, which bills itself as “The Sturgeon King,” against claims that odors, smoke and exhaust allegedly forced a co-op owner to sell his apartment.

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