Aabco Sheet Metal Co. v. International Fidelity Insurance

Appellate Division of the Supreme Court of New York

Aabco Sheet Metal Co. v. International Fidelity Insurance

266 A.D.2d 23, 697 N.Y.S.2d 622, 1999 N.Y. App. Div. LEXIS 11159

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1999

StatusPublished

This text of 266 A.D.2d 23 (Aabco Sheet Metal Co. v. International Fidelity Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aabco Sheet Metal Co. v. International Fidelity Insurance, 266 A.D.2d 23, 697 N.Y.S.2d 622, 1999 N.Y. App. Div. LEXIS 11159 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered February 4, 1998, which, upon the prior grant of the motion of defendant and third-party plaintiff International Fidelity Insurance Company (IFIC) for summary judgment on its third-party complaint, entitled IFIC to recover the total amount of $66,810.76 from third-party defendant Morton Salkind, unanimously affirmed, with costs.

The undisputed evidence establishes that IFIC was not negligent in describing the work covered by the payment bond it issued to third-party defendant Salkind and his company, Dial Mechanical Corporation, the president of which reviewed and signed the payment bond. IFIC was, therefore, entitled, pursuant to its indemnity agreement with third-party defendant Salkind, to recover expenses and attorneys’ fees it incurred in its good faith defense of the action by plaintiff Aabco. The indemnity agreement, by its terms, required Sal-kind’s reimbursement of IFIC’s defense costs even though the construction project in connection with which Aabco, a [24]*24subcontractor, sought payment was not covered by the payment bond. Concur — Rosenberger, J. P., Williams, Tom, Mazzarelli and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered February 4, 1998, which, upon the prior grant of the motion of defendant and third-party plaintiff International Fidelity Insurance Company (IFIC) for summary judgment on its third-party complaint, entitled IFIC to recover the total amount of $66,810.76 from third-party defendant Morton Salkind, unanimously affirmed, with costs.

The undisputed evidence establishes that IFIC was not negligent in describing the work covered by the payment bond it issued to third-party defendant Salkind and his company, Dial Mechanical Corporation, the president of which reviewed and signed the payment bond. IFIC was, therefore, entitled, pursuant to its indemnity agreement with third-party defendant Salkind, to recover expenses and attorneys’ fees it incurred in its good faith defense of the action by plaintiff Aabco. The indemnity agreement, by its terms, required Sal-kind’s reimbursement of IFIC’s defense costs even though the construction project in connection with which Aabco, a [24]*24subcontractor, sought payment was not covered by the payment bond. Concur — Rosenberger, J. P., Williams, Tom, Mazzarelli and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 23, 697 N.Y.S.2d 622, 1999 N.Y. App. Div. LEXIS 11159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aabco-sheet-metal-co-v-international-fidelity-insurance-nyappdiv-1999.