388 REALTY OWNER LLC v. AMTRUST INTL. UNDERWRITERS LTD.

Index No. 651944/17. Appeal No. 13309. Case No. 2020-03057.

192 A.D.3d 449 (2021)

139 N.Y.S.3d 815

2021 NY Slip Op 01350

388 Realty Owner LLC et al., Respondents, v. Amtrust International Underwriters Limited, Appellant.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Max W. Gershweir of counsel), for appellant.

White & McSpedon, P.C., New York ( Joseph W. Sands of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.


Defendant failed to demonstrate that it is possible to reconcile the conflicting provisions of the governing documents, i.e., the rider to the "Task Order," which defendant argues shows that its named insureds were not required to name plaintiffs as additional insureds, and the provisions of other documents that require that plaintiffs be named as additional insureds (see NFL Enters. LLC v Comcast Cable Communications, LLC, 51 A.D.3d 52...

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