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VAPHIDES v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK

262 A.D.2d 552 (1999)

691 N.Y.S.2d 332

CHARLES VAPHIDES et al., Plaintiffs, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Defendants, TDX CONSTRUCTION CORPORATION, Respondent, and POSTCAP CONSTRUCTION CORP., Appellant.

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

Decided June 21, 1999.

Ordered that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court correctly determined that the appellant breached the subject contract by failing to obtain insurance which named the defendant TDX Construction Corporation as an additional insured (see, Kinney v Lisk Co., 76 N.Y.2d 215

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