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B.F. YENNY CONSTRUCTION COMPANY, INC. v. ONE BEACON INSURANCE GROUP

50 A.D.3d 1477 (2008)

856 N.Y.S.2d 762

B.F. YENNY CONSTRUCTION COMPANY, INC., Plaintiff, v. ONE BEACON INSURANCE GROUP, Defendant and Third-Party Plaintiff-Appellant. SELECTIVE WAY INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided April 25, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the third-party complaint is reinstated, the motion is granted, and judgment is granted in favor of defendant and third-party plaintiff as follows:

"It is ADJUDGED and DECLARED that third-party defendant is obligated to provide primary coverage and to share equally with defendant and third-party plaintiff in the costs of plaintiff's...

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