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BACHROW v. TURNER CONSTRUCTION CORPORATION

46 A.D.3d 388 (2007)

848 N.Y.S.2d 86

NEIL BACHROW et al., Respondents, v. TURNER CONSTRUCTION CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents. LOWY & DONNATH, INC., Third-Party Defendant-Appellant.

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

Decided December 20, 2007.

The motion court correctly held that the subcontract between Turner and Lowy required Lowy to procure insurance covering Turner for all liabilities arising out of Lowy's work, including liabilities resulting from Turner's own acts of negligence; that the insurance Lowy procured limited Turner's coverage to liabilities caused by Lowy's negligent acts or omissions; and that Lowy therefore breached the subcontract (see Kinney v...

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