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WHITE v. CHURCH OF OUR LADY OF SORROWS

255 A.D.2d 109 (1998)

679 N.Y.S.2d 381

Peter White, Plaintiff, v. Church of Our Lady of Sorrows, Appellant, and Patrick J. O'Donoghue Construction, Inc., Respondent, et al., Defendants. (And a Third-Party Action.)

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

November 5, 1998

The church initially established its entitlement to summary judgment, as well as the general contractor O'Donoghue's liability for damages suffered by plaintiff, based upon its uncontroverted showing that O'Donoghue failed to procure insurance for the church as per their agreement (see, Kinney v Lisk Co., 76 N.Y.2d 215; Morel v City of New York, 192 A.D.2d 428, 429). O'Donoghue's...

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