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NICOTRA GROUP, LLC v. AMERICAN SAFETY INDEMNITY COMPANY

48 A.D.3d 253 (2008)

850 N.Y.S.2d 455

NICOTRA GROUP, LLC, Respondent, et al., Plaintiff, v. AMERICAN SAFETY INDEMNITY COMPANY et al., Respondents, and RUSSO PICCIURRO MALOY, LLC, Defendant and Third-Party Plaintiff-Appellant. BUCKINGHAM BADLER ASSOCIATES, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 7, 2008.

Contrary to RPM's contention, Nicotra was not afforded "additional insured" status under the insurance policies issued by Hanover and American Guarantee to the construction manager for the Hilton Hotel project. No written contract was ever entered into whereby the construction manager agreed to insure Nicotra with respect to the former's work at the project. The only document relating to the work to be performed by the construction manager was a letter proposal, which was...

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