TISHMAN CO. v. CARNEY & DEL GUIDICE


36 A.D.2d 273 (1971)

Paul Tishman Company, Inc., Respondent, v. Carney & Del Guidice, Inc., Appellant

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

April 20, 1971.


Attorney(s) appearing for the Case

John Nielsen of counsel (Craig & Geen, attorneys), for appellant.

Milton B. Pfeffer of counsel (Gwertzman, Sessler, Nagelberg, Goldstein & Pfeffer, attorneys), for respondent.

STEVENS, P. J., MARKEWICH, KUPFERMAN and STEUER, JJ., concur in Per Curiam opinion; CAPOZZOLI, J., dissents in an opinion.


Per Curiam.

The action, though not so in name, is in subrogation by insurers who have paid a loss. The loss was occasioned by a fire in a building under construction. Recovery over is sought against a subcontractor on grounds of negligence and an agreement to indemnify. The defendant moved for summary judgment dismissing the complaint on the ground that it was itself an insured under the contracts of insurance. The motion was granted in the Civil Court but...

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