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COSTELLO v. TIMES SQUARE HOTEL CO.

171 A.D.2d 505 (1991)

Gordon Costello, Plaintiff, v. Times Square Hotel Company et al., Defendants. Twin City Fire Insurance Company, Appellant; Commercial Union Insurance Company, Respondent

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

March 19, 1991

Plaintiff Costello was injured in the course of his employment with Helena Erectors, Inc., during construction of the Marriott Hotel in Times Square. It was stipulated that Helena was liable on behalf of the defendants pursuant to a contract of indemnification with defendant Morse Diesel, Inc. Respondent Commercial Union insured Helena for its liability to Costello for a maximum of $500,000, and appellant Twin City was the excess carrier on the same risk. Pursuant to a procedure...

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