| Nunziante v New York Quarterly Mtg. of the Religious Socy. of Friends |
| 2017 NY Slip Op 03069 [149 AD3d 596] |
| April 20, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Patrick Nunziante et al., Plaintiffs, v New York Quarterly Meeting of the Religious Society of Friends et al., Appellants. New York Quarterly Meeting of the Religious Society of Friends et al., Third-Party Plaintiffs-Appellants, v Liberty Contracting Corp., Third-Party Defendant, and Kaback Enterprises, Inc., et al., Third-Party Defendants-Respondents. (And Another Action.) |
Mauro Lilling Naparty LLP, Woodbury (Anthony F. DeStefano of counsel), for appellants.
Marshall Dennehey Warner Coleman & Goggin, P.C., Melville (William R. Pirk of counsel), for Kaback Enterprises, Inc., respondent.
Clausen Miller, PC, New York (Joseph J. Ferrini of counsel), for DAL Electric Corporation, respondent.
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 procure insurance adding defendants as additional insureds under its policy (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162-163 [1990]).
[*2] 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.