SEVERINO v. BROOKSET HOUSING DEVELOPMENT FUND CORP.

361N, 20597/04, 85035/06, 85039/06

71 A.D.3d 607 (2010)

898 N.Y.S.2d 31

CARLOS SEVERINO, Respondent, v. BROOKSET HOUSING DEVELOPMENT FUND CORP., Respondent, et al., Defendants. SETTLEMENT HOUSING FUND, INC., et al., Third-Party Plaintiffs, v. MC & O CONSTRUCTION, INC., Third-Party Defendant, and AMERICAN HOME ASSURANCE COMPANY, Third-Party Intervenor-Appellant. BROOKSET HOUSING DEVELOPMENT FUND CORP., Second Third-Party Plaintiff-Respondent, v. MC & O CONSTRUCTION, INC., Second Third-Party Defendant, and AMERICAN HOME ASSURANCE COMPANY, Second Third-Party Intervenor-Appellant.

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

Decided March 30, 2010.


The insurer argues that its "employer's liability policy" covers only the common-law, not the contractual, indemnification claims asserted against the employer in the third-party action; that coverage under its policy is conditioned upon the existence of a "grave injury" within the meaning of the Workers' Compensation Law; that the common-law claims against the employer in the third-party action cannot be maintained unless third-party plaintiffs show that plaintiff sustained...

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