WILK v. COLUMBIA UNIV.

9034, 105784/10, 590780/10, 590410/11, 590789/11, 311057/16.

171 A.D.3d 570 (2019)

98 N.Y.S.3d 574

2019 NY Slip Op 02968

Janina Wilk et al., Plaintiffs, v. Columbia University et al., Defendants. A.C.T. Abatement Corporation, Fourth Third-Party Plaintiff-Appellant, v. Breeze National, Inc., Fourth Third-Party Defendant-Respondent. (And Third-Party Actions.)

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

Decided April 18, 2019.


The main action was commenced after the decedent, while employed by Breeze at a construction site, sustained fatal injuries falling through an elevator shaft window that fourth third-party plaintiff (ACT) had removed and covered with a plastic sheet. The subcontract between Breeze and ACT required ACT to obtain insurance naming, inter alia, Breeze as an additional insured and containing a waiver of subrogation clause in favor of Breeze. ACT obtained such a policy from Century...

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