HARTLEY v. NAB CONSTR. CO.


228 A.D.2d 387 (1996)

644 N.Y.S.2d 730

Gerald Hartley, Plaintiff, v. Nab Construction Company et al., Respondents, et al., Defendants NAB Construction Company et al., Third-Party Plaintiffs-Respondents, v. Simpson Electric Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

June 27, 1996


We find that the court improperly denied third-party defendant Simpson's motion to renew third-party plaintiffs' motion for summary judgment upon Simpson's showing that it had in fact obtained coverage for third-party plaintiff NAB as an additional insured on the policy for liability insurance at issue herein. Simpson's supposed failure to obtain the coverage for the third-party plaintiffs was the sole basis for summary judgment against it on the fourth claim, for breach...

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