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SLONIGER v. NIAGARA MOHAWK POWER CORPORATION

306 A.D.2d 842 (2003)

761 N.Y.S.2d 757

EDWARD C. SLONIGER et al., Plaintiffs, v. NIAGARA MOHAWK POWER CORPORATION, Defendant and Third-Party Plaintiff. NEW YORK TELEPHONE COMPANY, Third-Party Defendant. NEW YORK TELEPHONE COMPANY, Doing Business as NYNEX, Fourth-Party Respondent, v. R.D. WERNER CO., INC., et al., Fourth-Party Defendants-Appellants. (Appeal No. 1.)

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

Decided June 13, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion of fourth-party plaintiff for leave to serve a second amended fourth-party complaint to the extent that fourth-party plaintiff sought to add a cause of action alleging that fourth-party defendants breached their contractual obligation to procure insurance coverage for the benefit of fourth-party plaintiff and as modified the order is affirmed...

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