COUNTY OF ERIE v. GATEWAY-LONGVIEW, INC.

157 CA 20-00665.

193 A.D.3d 1336 (2021)

147 N.Y.S.3d 769

2021 NY Slip Op 02631

County of Erie, Appellant, v. Gateway-Longview, Inc., et al., Defendants, and Philadelphia Insurance Companies, Respondent.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

FELDMAN KIEFFER, LLP, BUFFALO ( ADAM C. FERRANDINO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MARSHALL CONWAY BRADLEY GOLLUB & WEISSMAN, P.C., NEW YORK CITY ( CHRISTOPHER T. BRADLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Philadelphia Insurance Companies is denied, and the declarations are vacated.

Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that the Philadelphia Insurance Companies (defendant) is obligated to defend and indemnify it as an additional insured in the underlying actions. Defendant moved for summary...

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