The firm is proud to announce that an adverse decision on a motion for summary judgment, drafted by Patrick W. Kenny, in a declaratory judgment action in Supreme Court, Kings County, that was on appeal was reversed by the Appellate Division, Second Department, finding that the subcontractor’s insurance carrier owed contractual indemnification and defense costs to the general contractor-client. The issue was whether a blanket insurance indemnity agreement executed in 2004 between the subcontractor and the general contractor acted as a contract under the terms of the subcontractor policy to trigger insurance coverage from the subcontractor in favor of the general contractor although the purchase order for the work between the entities was not executed until three days after the plaintiff’s accident in the underlying bodily injury case.
Appellate Decision: 77 Water Street, Inc. v. JTC Painting & Decorating Corp., 148 A.D.3d 1092, 50 N.Y.S.3d 471 (2d Dept. 2017). (leave to reargue denied 2015-07601, 12671/10, September 14, 2017).