Nunziante v. New York Quarterly Meeting of the Religious Society of Friends

Appellate Division of the Supreme Court of New York

Nunziante v. New York Quarterly Meeting of the Religious Society of Friends

2017 NY Slip Op 3069, 149 A.D.3d 596, 50 N.Y.S.3d 287

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

DecidedApril 20, 2017

Docket112504/08 3790 590900/09 3789

StatusPublished

This text of 2017 NY Slip Op 3069 (Nunziante v. New York Quarterly Meeting of the Religious Society of Friends) 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

Nunziante v. New York Quarterly Meeting of the Religious Society of Friends, 2017 NY Slip Op 3069, 149 A.D.3d 596, 50 N.Y.S.3d 287 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 27, 2016, which, insofar as appealed from as limited by the briefs, granted third-party defendant DAL Electric Corporation’s motion for summary judgment dismissing the third-party claim of failure to procure insurance as against it, and granted third-party defendant Kaback Enterprises, Inc.’s motion for summary judgment dismissing the third-party complaint as against it, unanimously reversed, on the law, without costs, and the motions denied. Appeal from order, same court and Justice, entered October 14, 2016, unanimously dismissed, without costs, as abandoned.

The plain language of DAL’s agreement required DAL to *597 procure insurance adding defendants as additional insureds under its policy (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162-163 [1990]).

Conflicting testimony presents an issue of fact whether Kaback’s work on the roof was a contributing cause of the accident.

Concur — Acosta, J.P., Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.

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Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 27, 2016, which, insofar as appealed from as limited by the briefs, granted third-party defendant DAL Electric Corporation’s motion for summary judgment dismissing the third-party claim of failure to procure insurance as against it, and granted third-party defendant Kaback Enterprises, Inc.’s motion for summary judgment dismissing the third-party complaint as against it, unanimously reversed, on the law, without costs, and the motions denied. Appeal from order, same court and Justice, entered October 14, 2016, unanimously dismissed, without costs, as abandoned.

The plain language of DAL’s agreement required DAL to *597 procure insurance adding defendants as additional insureds under its policy (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162-163 [1990]).

Conflicting testimony presents an issue of fact whether Kaback’s work on the roof was a contributing cause of the accident.

Concur — Acosta, J.P., Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 3069, 149 A.D.3d 596, 50 N.Y.S.3d 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nunziante-v-new-york-quarterly-meeting-of-the-religious-society-of-friends-nyappdiv-2017.

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