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SPENCER v. B.A. PAINTING CO.

224 A.D.2d 307 (1996)

638 N.Y.S.2d 37

Clyde Spencer et al., Respondents, v. B.A. Painting Co., B & F Abramowitz, Inc., Appellant and Third-Party Plaintiff-Appellant. Bloomingdale's, Inc., Third-Party Defendant-Respondent

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

February 20, 1996

Since third-party plaintiff B.A. does not deny that it failed to maintain a policy of insurance naming Bloomingdale's as an insured, which we find it was obligated to do pursuant to the work contract between the parties, B.A. was liable for any damages flowing from its breach of contract, including liability for plaintiff's injury (Morel v City of New York, 192 A.D.2d 428, 429).

Because insurance procurement clauses are entirely...

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