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FRANCIS v. 41-21 28TH ST. ACQUISITION LLC

Index Nos. 23037/17E, 43372/18E. Appeal No. 14513. Case No. 2020-04568.

198 A.D.3d 595 (2021)

153 N.Y.S.3d 840

2021 NY Slip Op 05921

Algie Francis, Plaintiff, v. 41-21 28th Street Acquisition LLC et al., Defendants. 41-21 28th Street Acquisition LLC et al., Third-Party Plaintiffs-Appellants, v. M.R. Electrical Service, LLC, et al., Third-Party Defendants-Respondents.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York ( Arthur P. Xanthos of counsel), for appellants.

Lester Schwab Katz & Dwyer, LLP, New York ( Jonathan Glasser of counsel), for respondents.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

Third-party defendant Utica demonstrated, prima facie, that third-party plaintiffs did not qualify as additional insureds under the policy issued to plaintiff's employer third-party defendant M.R. Electric Service, LLC (MRE). The policy issued by Utica to MRE provided that an organization would be added as an additional insured on the policy when MRE and such organization have agreed in writing in a contract or agreement that such...

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