HAMILTON v. CITY OF NEW YORK


172 A.D.2d 585 (1991)

Digby Hamilton et al., Plaintiffs, v. City of New York et al., Defendants, and Schiavone Construction Co., Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Leskay Construction Services, Inc., Third-Party Defendant-Appellant-Respondent

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

April 8, 1991


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The general liability policy at issue was procured by the defendants third-party plaintiffs from Employers Insurance of Wausau. The third-party defendant was named as an additional insured under that policy.

In its first affirmative defense to the third-party action, the third-party defendant asserted that the third-party action was, in part, a subrogation...

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