Critelli v. Dormitory Authority

Appellate Division of the Supreme Court of New York

Critelli v. Dormitory Authority

251 A.D.2d 444, 673 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 6882

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

DecidedJune 15, 1998

StatusPublished

This text of 251 A.D.2d 444 (Critelli v. Dormitory Authority) 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

Critelli v. Dormitory Authority, 251 A.D.2d 444, 673 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 6882 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 31, 1997, as denied, without prejudice to renew, their motion for summary judgment against the third-party defendant.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment on the issue of liability for breach of a provision of the contract requiring the respondent to obtain insurance, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.

The respondent does not dispute that it breached its contract to provide insurance. Although issues of fact exist as to whether the appellant Polera Building Corp. purchased its own insurance, which would limit damages for the respondent’s contractual breach to the cost of that insurance, summary judgment is warranted as to liability (see, Mavashev v Shalosh Realty, 233 AD2d 301; Doyle v B3 Deli, 224 AD2d 478). O’Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 31, 1997, as denied, without prejudice to renew, their motion for summary judgment against the third-party defendant.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment on the issue of liability for breach of a provision of the contract requiring the respondent to obtain insurance, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.

The respondent does not dispute that it breached its contract to provide insurance. Although issues of fact exist as to whether the appellant Polera Building Corp. purchased its own insurance, which would limit damages for the respondent’s contractual breach to the cost of that insurance, summary judgment is warranted as to liability (see, Mavashev v Shalosh Realty, 233 AD2d 301; Doyle v B3 Deli, 224 AD2d 478). O’Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

251 A.D.2d 444, 673 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 6882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/critelli-v-dormitory-authority-nyappdiv-1998.

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