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BOVIS LEND LEASE LMB INC. v. GARITO CONTRACTING, INC.

38 A.D.3d 260 (2007)

832 N.Y.S.2d 502

BOVIS LEND LEASE LMB INC. et al., Respondents, v. GARITO CONTRACTING, INC., et al., Appellants.

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

Decided March 8, 2007.

Plaintiffs were entitled to the declaratory relief they sought. It is undisputed that there was a trade contract between defendant Twin City's insured (Garito) and plaintiff Bovis Lend Lease. Although the contract was lost, Bovis properly established, through extrinsic evidence, that it required Garito to procure insurance coverage on its behalf (see Vasiliades v Lehrer McGovern & Bovis, 3 A.D.3d 400, 402 [2004]; McKenna v...

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