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CUSUMANO v. EXTELL ROCK, LLC

5051, 115389/05, 5052, 90032/07, 590032/09

86 A.D.3d 448 (2011)

927 N.Y.S.2d 627

2011 NY Slip Op 5935

FRANK CUSUMANO et al., Plaintiffs, v. EXTELL ROCK, LLC, et al., Defendants, and REGIONS FACILITY SERVICES, INC., Appellant. (And Another Action.) HARD ROCK CAFÉ INTERNATIONAL (USA), INC., Second Fourth-Party Plaintiff-Appellant, v. TWIN CITY FIRE INSURANCE COMPANY, Second Fourth-Party Defendant-Respondent.

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

Decided July 14, 2011.

The subject insurance policy issued by Twin City to defendant-appellant Regions Facility Services, Inc. (Regions) provided coverage to additional insureds when "you have agreed, in writing, in a contract or agreement that another person or organization be added as an additional insured." As the construction agreement, which named Hard Rock as an additional insured was not signed by either Regions or Hard Rock, and the work authorization was only signed by Regions, and the...

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