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ZURICH INS. CO. v. WHITE

221 A.D.2d 700 (1995)

633 N.Y.S.2d 415

Zurich Insurance Company, Appellant, v. Franklin E. White, Individually and as Commissioner of The New York State Department of Transportation, Defendant and Third-Party Plaintiff-Respondent-Appellant. E. Smalis Painting Company, Inc., Third-Party Defendant-Respondent. (Action No. 1.) Zurich Insurance Company, Appellant, v. E. Smalis Painting Company, Inc., Respondent. (Action No. 2.) United States Fire Insurance Company, Appellant, v. E. Smalis Painting Company, Inc., Respondent. (Action No. 3.)

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

November 2, 1995

Peters, J.

In April 1984, the State Department of Transportation (hereinafter DOT) awarded a contract to E. Smalis Painting Company, Inc. (hereinafter Smalis) to clean and paint the Skyway Bridge in the City of Buffalo, Erie County. Such contract contained detailed insurance specifications which mandated that Smalis obtain liability insurance for the protection of both Smalis and DOT. According to the contract's standard

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