LANCER INS. CO. v. LOUIS PROVENZANO, INC.

2011-10334.

101 A.D.3d 687 (2012)

955 N.Y.S.2d 377

2012 NY Slip Op 8289

LANCER INSURANCE COMPANY, Respondent-Appellant, v. LOUIS PROVENZANO, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, and CYRUS JENNINGS, Respondent, et al., Defendants. YANKEE BROKERAGE, INC., et al., Third-Party Defendants-Appellants-Respondents.

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

December 5, 2012.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the third-party defendants' cross motion which was, in effect, for summary judgment dismissing the third-party causes of action, in effect, to recover damages for negligence and breach of contract and declaring that they are not obligated to indemnify the defendant and third-party plaintiff in the underlying action, and substituting therefor a provision granting that...

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