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NOUVEAU EL. INDUS., INC. v. NEW YORK MAR. & GEN. INS. CO.

Index No. 157891/16. Appeal No. 14849. Case No. 2021-00413.

200 A.D.3d 537 (2021)

155 N.Y.S.3d 327

2021 NY Slip Op 06961

Nouveau Elevator Industries, Inc., et al., Respondents, v. New York Marine and General Insurance Company, Appellant, et al., Defendant.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Stewart Smith , New York ( William F. Stewart of counsel), for appellant.

Bongiorno, Montiglio, Mitchell & Palmieri, PLLC, Mineola ( William J. Mitchell of counsel), for Nouveau Elevator Industries, Inc, respondent.

Fitzpatrick & Hunt, Pagano, Aubert, LLP, New York ( Brian W. Colistra of counsel), for National Casualty Company and Scottsdale Indemnity Company, respondents.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.

Under the policies issued by NYM to Nouveau, the products-completed operations aggregate limit applies to work that has been completed, which is defined to include "that part of the work done at a job site [that] has been put to its intended use." Because the elevators Nouveau allegedly serviced negligently had been "put to their intended use" after being serviced, under the plain language of the policies, the products-completed operations aggregate limits apply (see United...

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