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


65 A.D.3d 872 (2009)

885 N.Y.S.2d 59

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

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

Decided September 8, 2009.


Bovis is an insured under the policy issued by Twin City to its insured, Garito, which was hired to perform demolition work. The plaintiff in the underlying personal injury action, John Armentano, sought to recover for injuries he sustained when he fell through an opening in the floor of the job site. The hole was created when a garbage chute was removed by Garito during its demolition work. Although Bovis and Garito had entered into a subcontract for the performance of the...

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