LINDA SPECTOR PLAINTIFFS, v. CUSHMAN & WAKEFIELD, INC. def, CITIBANK, def-res, ONE SOURCE FACILITY SERVICES, INC., def-ap

8675. LINDA SPECTOR PLAINTIFFS, v. CUSHMAN & WAKEFIELD, INC. def, CITIBANK, def-res, ONE SOURCE FACILITY SERVICES, INC., def-ap — CITIBANK, N.A., Third-Party plf-res, v. ONE SOURCE FACILITY SERVICES, INC., Third-Party def-ap — [AND A SECOND THIRD-PARTY ACTION] Gallo Vitucci Klar LLP, New York (Kimberly A. Ricciardi of counsel), for ap — White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December 20, 2011, which, to the extent appealed from as limited by the briefs, vacated that portion of a prior order, same court and Justice, entered January 27, 2010, dismissing defendant thirdparty plaintiff Citibank's cross claims for contractual indemnification and failure to procure insurance against OneSource Facility Services, Inc. (One-Source), and granted Citibank partial summary judgment on its failure to procure insurance claim against OneSource, unanimously affirmed, without costs.

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8675. LINDA SPECTOR PLAINTIFFS, v. CUSHMAN & WAKEFIELD, INC. def, CITIBANK, def-res, ONE SOURCE FACILITY SERVICES, INC., def-ap — CITIBANK, N.A., Third-Party plf-res, v. ONE SOURCE FACILITY SERVICES, INC., Third-Party def-ap — [AND A SECOND THIRD-PARTY ACTION] Gallo Vitucci Klar LLP, New York (Kimberly A. Ricciardi of counsel), for ap — White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December 20, 2011, which, to the extent appealed from as limited by the briefs, vacated that portion of a prior order, same court and Justice, entered January 27, 2010, dismissing defendant thirdparty plaintiff Citibank’s cross claims for contractual indemnification and failure to procure insurance against OneSource Facility Services, Inc. (One-Source), and granted Citibank partial summary judgment on its failure to procure insurance claim against OneSource, unanimously affirmed, without costs.

The motion court properly granted summary judgment to Citibank on its cause of action for failure to procure insurance. Under the Citibank-One-Source agreement, OneSource was required to purchase an insurance policy with a limit of $1 million each occurrence; however, OneSource obtained a policy with an each occurrence limit of $1.5 million, an aggregate limit of $1.5 million, and a $500,000 self-insured retention. Although OneSource correctly maintains that the agreement did not prohibit self-insured retentions, it required OneSource to provide a certificate of insurance notifying Citibank of such a provision and no such notice was given. Thus, the insurance procurement provision was breached because Citibank reasonably expected (see Federated Retail Holdings, Inc., 77 AD3d 573, 574 [1st Dept 2010]) that OneSource would either provide effective coverage or notice of the amount of the self-insured retention.

LINDA SPECTOR PLAINTIFFS, v. CUSHMAN & WAKEFIELD, INC. def, CITIBANK, def-res, ONE SOURCE FACILITY SERVICES, INC., def-ap

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