KEELEY v. BERLEY REALTY CORP.


271 A.D.2d 299 (2000)

707 N.Y.S.2d 68

KARYN KEELEY, Respondent, v. BERLEY REALTY CORP. et al., Respondents, and ABCO MAINTENANCE, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided April 18, 2000.


Defendant owner's motion for summary judgment as against Abco was properly granted based on the provision in their contract requiring Abco to procure liability insurance naming the owner as an additional insured. Abco's failure to show that it purchased such insurance renders it responsible for all of the owner's resulting damages, including liability to plaintiff, and such a determination need not await a factual determination as to whose negligence, if anyone's, caused...

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