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MARTINEZ v. PLAZA PROSPECT APT., INC.

25 A.D.3d 437 (2006)

808 N.Y.S.2d 199

ANTONIO MARTINEZ, Plaintiff, v. PLAZA PROSPECT APT., INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. TBR, LLC, Third-Party Defendant; TOWER BUILDING SERVICES, INC., Third-Party Defendant-Respondent-Appellant.

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

January 17, 2006.

In July 2000, defendant Plaza Prospect Apt. hired TBR, LLC to perform renovation work at its building. The contract required that TBR indemnify Plaza for bodily injury claims arising from the work, including attorneys' fees.

When TBR's insurance lapsed in December, its principal, Nickolas Manounas, did not renew it. Instead, he explained at deposition, he obtained a policy naming TBS as the insured because he was able to get a cheaper policy for it. Thereafter, TBS...

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