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LIZZA INDUS., INC. v. PETER SCALAMANDRE & SONS

154 A.D.2d 354 (1989)

Lizza Industries, Inc., Respondent, v. Peter Scalamandre & Sons, Defendant, and Atlantic Companies et al., Appellants

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

October 2, 1989

Ordered that the order is affirmed, with costs.

The provisions of the insurance policy in question are ambiguous as to whether or not coverage extended to the subcontract which was the basis of the judgment against the insured, and therefore the policy must be construed against the defendant insurers (United States Fid. & Guar. Co. v Annunziata, 67 N.Y.2d 229, 232; Diodato v Eastchester Dev. Corp.,

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