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HOARTY v. OLD HOMESTEAD REST.

202 A.D.2d 204 (1994)

608 N.Y.S.2d 217

Thomas Hoarty et al., Respondents, v. Old Homestead Restaurant, Defendant, and Puck Associates, Appellant. (And a Third-Party and Second Third-Party Action.) Thomas Hoarty et al., Plaintiffs, v. Old Homestead Restaurant et al., Defendants, et al., Third-Party Plaintiff, et al., Third-Party Defendant Old Homestead Restaurant, Second Third-Party Plaintiff-Appellant, v. Puck Associates, Second Third-Party Defendant-Respondent

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

March 3, 1994

The IAS Court properly concluded that because second third-party plaintiff The Old Homestead Restaurant breached its agreement to obtain insurance for the catered event, it is liable to second third-party defendant Puck Associates for damages resulting from any liability on the part of Puck Associates. The parties' use and occupancy agreement clearly stated that the Restaurant would provide Puck, the owner of the building, with...

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