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PHOENIX ASSURANCE CO. OF NEW YORK v. C.A. SHEA & CO., INC.

237 A.D.2d 157 (1997)

654 N.Y.S.2d 372

Phoenix Assurance Company of New York, Respondent, v. C.A. Shea & Company, Inc., Appellant

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

March 13, 1997

The court properly denied the motion to dismiss since defendant is not unambiguously encompassed by the plain language of the release's definition of the term "releasee" (compare, DiIorio v Gibson & Cushman, 166 A.D.2d 334, appeal dismissed and lv dismissed 77 N.Y.2d 989). Although releasee is defined to include agents of the nonparty insured, there is an issue of fact at bar as to whose agent defendant was and...

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