SKANSKA USA BLDG. INC. v. HARLEYSVILLE INS. CO. OF N.Y.

Index No. 654696/20. Appeal No. 11. Case No. 2022-01897.

215 A.D.3d 464 (2023)

186 N.Y.S.3d 639

2023 NY Slip Op 01876

Skanska USA Building Inc., Appellant, v. Harleysville Insurance Company of New York et al., Respondents.

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

Decided April 11, 2023.


Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York ( Janet P. Ford of counsel), for appellant.

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla ( Adonaid C. Medina of counsel), for respondents.

Concur—Webber, J.P., Oing, Singh, González, Mendez, JJ.


Order, Supreme Court, New York County (Arlene Bluth, J.), entered on or about April 13, 2022, which denied plaintiff's motion for partial summary judgment declaring that defendants were obligated to defend plaintiff and its indemnitees in an underlying action, unanimously affirmed, with costs.

The court properly concluded that the wrap-up exclusion in defendant's policy applied to preclude coverage to plaintiff, an additional insured, in the underlying action. The...

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