Second Department Reverses Lower Court Decision Denying Third-Party Defendant’s Motion for Summary Judgment Seeking Dismissal of Claim for Breach of Contract for Failure to Procure Insurance
In a decision entered on October 3, 2012, the Appellate Division, Second Department, reversed an order of the Supreme Court, Queens County (Satterfield, J.), dated October 25, 2010, which denied that branch of third-party defendant LTC Electric, Inc.’s motion for summary judgment seeking dismissal of the fourth cause of action in the third-party complaint, which alleged breach of contract for LTC’s failure to procure insurance naming the third-party plaintiffs as additional insureds. The Second Department held that LTC established that its failure to procure insurance did not constitute a breach of contract by submitting, inter alia, the written agreement between it and the third-party plaintiffs, which did not require LTC to procure said insurance. In addition, because the written agreement between LTC and the third-party plaintiffs was complete and enforceable according to its terms, the Supreme Court should not have considered the extrinsic evidence offered by the third-party plaintiffs in opposition to LTC’s motion.
Zaidi v New York Building Contractors, Ltd., 99 A.D.3d 705, 951 N.Y.S.2d 573 (2d Dep’t 2012)
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