TISHMAN CONSTR. CORP. v. ZURICH AM. INS. CO.

Index No. 654745/18. 595932/19. Appeal No. 15833-15834-15834A. Case No. 2021-01033. 2021-01034, 2021-01035.

204 A.D.3d 623 (2022)

166 N.Y.S.3d 635

2022 NY Slip Op 02886

Tishman Construction Corporation et al., Respondents-Appellants, v. Zurich American Insurance Company et al., Respondents, and Old Republic General Insurance Company, Defendant/Third-Party Plaintiff-Appellant-Respondent. Insurance Company of the State of Pennsylvania, Third-Party Defendant-Respondent.

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

Decided April 28, 2022.


Attorney(s) appearing for the Case

Ken Maguire & Associates, PLLC, Wantagh ( Katherine Maguire Tedrick of counsel), for appellant-respondent.

Saiber LLC, New York ( Gregory T. Dennison of counsel), for respondents-appellants.

Coughlin Midlige & Garland LLP, New York ( Gabriel E. Darwick of counsel), for Zurich American Insurance Company, respondent.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Andrew D. Showers of counsel), for Five Star Electric Corporation, respondent.

Gfeller & Laurie LLP, New York ( Elizabeth F. Ahlstrand of counsel), for Insurance Company of The State of Pennsylvania, respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.


This declaratory judgment action has its genesis in a personal injury action brought by Richard Rodriguez. Rodriguez was employed by defendant Port Morris Tile & Marble Corporation (Port Morris), the stone and tile subcontractor on a construction project owned by plaintiff Riverside Center 5 Owner, LLC (Riverside), for which plaintiff Tishman Construction Corp. (Tishman) was the construction manager. Defendant Five Star Electric...

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