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COMMERCIAL UNION INS. CO. v. EASTERN REFRACTORIES CO., INC.

240 A.D.2d 613 (1997)

659 N.Y.S.2d 482

Commercial Union Insurance Company, on Behalf of Employers Liability Assurance Corporation, Ltd., Appellant, v. Eastern Refractories Company, Inc., Respondent

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

June 23, 1997

Ordered that the judgment is modified, on the law, by deleting the provisions which, on the court's own motion, granted summary judgment to the defendant and declared that the defendant was a contractor under the subject insurance policy and entitled to complete coverage; and it is further,

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

In late 1969, the defendant contracted...

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