GARCIA v. GREAT ATL. & PAC. TEA CO., INC.


231 A.D.2d 401 (1996)

647 N.Y.S.2d 2

Trinidad H. Garcia, Respondent, v. Great Atlantic and Pacific Tea Company, Inc., Also Known as A&P Supermarket, Respondent, and Domestic Linen Supply Co., Inc., Appellant Great Atlantic and Pacific Tea Company, Inc., Also Known as A&P Supermarket, Third-Party Plaintiff-Respondent, v. Domestic Linen Supply Co., Inc., Third-Party Defendant-Appellant

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

September 5, 1996


The contract between Domestic and A&P unequivocally obligated Domestic to procure liability insurance for A&P, which obligation Domestic met by obtaining a policy from Travelers with an automatic additional insured's endorsement (see, Nuzzo v Griffin Technology, 212 A.D.2d 980). The motion court mistakenly concluded that Domestic's contractual obligation also required it to cover the cost of defense and indemnification...

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