VINCENT E. IORIO, INC. v. ST. VINCENT'S MED. CTR. OF RICHMOND


51 A.D.2d 813 (1976)

Vincent E. Iorio, Inc., Appellant-Respondent, v. St. Vincent's Medical Center of Richmond et al., Respondents-Appellants

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

February 23, 1976


Order affirmed, without costs or disbursements.

The decision of Mr. Justice Garbarino in the Richmond County action does not bar litigation in the instant action of the issue of whether the construction contract required defendant, St. Vincent's Medical Center of Richmond, to obtain loss of earnings insurance for plaintiff. Plaintiff's motion for partial summary judgment was therefore properly denied. We also believe that Special Term properly denied defendants' application...

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