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EDENWALD CONTRACTING CO., INC. v. NORTHERN INSURANCE COMPANY OF NEW YORK

289 A.D.2d 370 (2001)

734 N.Y.S.2d 885

EDENWALD CONTRACTING CO., INC., et al., Plaintiffs, v. NORTHERN INSURANCE COMPANY OF NEW YORK et al., Defendants, and CITY UNDERWRITING AGENCY, INC., Defendant and Third-Party Plaintiff-Appellant. GOW & HANNA, INC., Third-Party Defendant-Respondent.

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

Decided December 17, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action of the defendant third-party plaintiff, City Underwriting Agency, Inc. (hereinafter City), for common-law indemnification was properly dismissed. The record demonstrates that City was not free of negligence because it issued insurance binders with incorrect information (see, Kagan v Jacobs, 260 A.D.2d 442; see also, Henderson v...

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