ASSEVERO v. HAMILTON & CHURCH PROPS., LLC

2017-07316. Index No. 33051/08.

189 A.D.3d 1146 (2020)

138 N.Y.S.3d 549

2020 NY Slip Op 07529

Lucy Assevero, Plaintiff, v. Hamilton & Church Properties, LLC, Defendant/Second Third-Party Plaintiff-Appellant. Scottsdale Insurance Company, Second Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

French & Casey, LLP ( Carol R. Finocchio , New York, NY, of counsel), for defendant second third-party plaintiff-appellant.

Kennedys CMK LLP, New York, NY ( Denise Marra DePekary and Daniel Pickett of counsel), for second third-party defendant-respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ. concur.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment, inter alia, declaring that the defendant/second third-party plaintiff is not an additional insured under the policy issued to the third-party defendant, and that the second third-party defendant has no duty to defend or indemnify the defendant/second third-party plaintiff in the action to...

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