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BENEDETTO v. HYATT CORP.

Index Nos. 160322/14, 595457/15. Appeal No. 15506-15507. Case Nos. 2021-00256, 2020-00374.

203 A.D.3d 505 (2022)

165 N.Y.S.3d 45

2022 NY Slip Op 01732

Dominick Benedetto et al., Plaintiffs, v. Hyatt Corporation et al., Defendants. Hyatt Corporation, Sued Herein as Hyatt Corporation, Doing Business as Grand Hyatt New York, et al., Third-Party Plaintiffs-Respondents, v. Securitas Security Services USA Inc., Third-Party Defendant-Appellant.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Marin Goodman LLP, Harrison ( Russell S. Jamison of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for respondents.

Concur—Webber, J.P., Kennedy, Mendez, Pitt, JJ.

A party moving for summary judgment on its claim for failure to procure insurance meets its prima facie burden by establishing that a contract provision requiring the procurement of insurance was not complied with (see DiBuono v Abbey, LLC, 83 A.D.3d 650, 652 [2d Dept 2011]). The burden then shifts to the opposing party, who may raise an issue of fact by tendering the procured insurance policy in opposition to the motion (see...

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