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CITY OF NY v. EVANSTON INS.

39 A.D.3d 153 (2007)

830 N.Y.S.2d 299

CITY OF NEW YORK, Appellant, v. EVANSTON INSURANCE COMPANY, Respondent.

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

February 13, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Francis F. Caputo, Dona B. Morris, Brad M. Snyder and Eric Proshansky of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York City (Eric A. Portuguese and Lisa Fleischmann of counsel), for respondent.

MILLER, J.P., KRAUSMAN and DILLON, JJ., concur.

OPINION OF THE COURT

FISHER, J.

This appeal turns principally on the meaning of a single word in the blanket additional-insured endorsement of a commercial general liability insurance policy.

In April 1999, Scala Contracting Co., Inc. (hereinafter Scala), entered into an agreement with the City of New York to perform certain construction work on a sidewalk at Linden Boulevard and Malta Street in Brooklyn. The agreement, inter alia, required Scala...

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