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NUNZIANTE v. NEW YORK QUARTERLY MEETING OF RELIGIOUS SOCIETY OF FRIENDS

112504/08, 3790, 590900/09, 3789.

149 A.D.3d 596 (2017)

2017 NY Slip Op 03069

50 N.Y.S.3d 287

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.)

Appellate Division of the Supreme Court of New York, First Department.

Decided April 20, 2017.

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 N.Y.2d 157, 162-163 [1990]).

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

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