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CHELSEA PIERS L.P. v. COLONY INS. CO.

9978, 150402/17.

176 A.D.3d 506 (2019)

108 N.Y.S.3d 343

2019 NY Slip Op 07377

Chelsea Piers L.P. et al., Respondents, v. Colony Insurance Company et al., Appellants, et al., Defendant.

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

Decided October 15, 2019.

Attorney(s) appearing for the Case

Melito & Adolfsen, P.C., New York ( Michael F. Panayotou of counsel), for Colony Insurance Company, appellant.

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Craig Rokuson of counsel), for Endurance America Specialty Insurance Company, appellant.

Monteiro & Fishman LLP, Hempstead ( Michael Fishman of counsel), for respondents.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

The language of the purchase order between EPS, the defendant in the underlying action, and Chelsea made explicit reference to Chelsea and required EPS to add Chelsea as an additional insured on its respective policies by virtue of language stating that contractor EPS's "general liability insurance shall apply on a primary and non-contributing basis with respect to all protection provided to Chelsea Piers thereunder" (see Christ the King Regional High School v Zurich Ins...

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