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McCAFFERY v. 924 FOOD CORP.

295 A.D.2d 151 (2002)

743 N.Y.S.2d 453

DENNIS McCAFFERY et al., Respondents, v. 924 FOOD CORP. et al., Defendants. TOWER INSURANCE COMPANY OF NEW YORK, Nonparty Appellant.

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

Decided June 11, 2002.

Contrary to appellant Tower Insurance Company's argument, the award of summary judgment in Tower's favor in the previously concluded Insurance Law § 3420 action by plaintiffs against Tower was not preclusive of the amendment sought by plaintiffs in the judgment obtained by them in the underlying personal injury action. The court in the Insurance Law action did not, and had no need to, determine that defendants and their premises...

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