GROCERY DELIVERY E-SERVS. USA, INC. v. FLYNN

Index No. 655837/20. Appeal No. 15174. Case No. 2021-02153.

201 A.D.3d 585 (2022)

160 N.Y.S.3d 249

2022 NY Slip Op 00500

Grocery Delivery E-Services USA, Inc., Doing Business as HelloFresh, Respondent, v. John P. Flynn, Also Known as "Jack Flynn," Appellant.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Handel & Carlini, LLP, Poughkeepsie ( Anthony C. Carlini, Jr. of counsel), for appellant.

Lupkin PLLC, New York ( Michael B. Smith of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Plaintiff entered into an agreement in December 2017 with nonparty Mariner Seafood, LLC, under which Mariner would supply salmon to it. Defendant is Mariner's manager, president, and, until October 13, 2020, sole principal. Mariner also agreed to carry product recall insurance and to name plaintiff as an additional insured under the policy. Mariner obtained the policy, but did not name plaintiff as an additional insured.

In November 2018, Mariner informed plaintiff...

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