Jul 30, 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 New York’s famed Barney Greengrass delicatessen. The judge ruled that the insurer must defend the eatery, known as “The Sturgeon King,” against claims that odors, smoke and exhaust forced a co-op owner to sell his apartment. “[W]hile the quality of the plaintiff’s restaurant smells may be in the nose of the beholder, defendant’s ‘pollution’ argument …