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TOWER INS. CO. OF N.Y. v. ARTISAN SILKSCREEN & EMBROIDERY, INC.

157754/15, 8566, 8565.

170 A.D.3d 406 (2019)

93 N.Y.S.3d 568

2019 NY Slip Op 01512

Tower Insurance Company of New York, Respondent, v. Artisan Silkscreen and Embroidery, Inc., Appellant, et al., Defendants.

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

Decided March 5, 2019.

Artisan is barred from relitigating the issues of the employee exclusion in this proceeding, as this issue, in addition to the "leased contract" exception to the exclusion, was fully litigated in the related third-party action (Schwartz v Public Adm'r of County of Bronx, 24 N.Y.2d 65 [1969]).

"No appeal lies from an order denying resettlement of the substantive portions of a judgment or order" (Matter of Antonsen v Ward...

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