1846. THREE BOROUGHS, LLC, Plaintiff-res-ap, v. ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, Defendant-Appellant-res — Churbuck Calabria Jones & Materazo PC, Hicksville (Nicholas P. Calabria of counsel), for appellant-res — Tese & Milner, New York (Michael M. Milner of counsel), for res-res — Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered January 22, 2016, which denied defendant insurer’s motion for summary judgment seeking a declaration that plaintiff is not a named insured or additional insured under the policy issued to plaintiff’s general contractor, and that defendant is not obligated to defend or indemnify plaintiff in the underlying personal injury action, and denied plaintiff’s cross motion for summary judgment seeking a coverage declaration, or alternatively, a declaration that the defendant insurer is estopped from disclaiming coverage, unanimously modified, on the law, to grant defendant insurer’s motion for summary judgment to the extent of declaring that it has no obligation to defend or indemnify plaintiff in the underlying personal injury action, and otherwise affirmed, without costs. The Clerk is directed to enter judgment so declaring.
Since “[d]efendant insurers established that the blanket additional insured endorsement in the policy issued to plaintiffs’ maintenance contractor provided coverage to any person or organization ‘that the insured is required by written contract to name as an additional insured,’ and that the contract between plaintiffs and the maintenance contractor did not contain such a requirement,” plaintiff is not an additional insured under the policy (West 64th St., LLC v. Axis U.S. Ins., 63 AD3d 471, 471-472 [1st Dept 2009]; ALIB, Inc. v. Atlantic Cas. Ins. Co., 52 AD3d 419, 419 [1st Dept 2008]; Nicotra Group, LLC v. American Safety Indem. Co., 48 AD3d 253, 254 [1st Dept 2008]). Moreover, the certificate language stating that “this certificate is issued as a matter of information only and confers no rights upon the certificate holder [and that] this certificate does not amend, extend or alter the coverage afforded by the policies,” was insufficient to establish additional insured status under the policy (ALIB, Inc., 52 AD3d at 419; Moleon v. Kreisler Borg Florman Gen. Constr. Co., 304 AD2d 337, 339 [1st Dept 2003]; American Ref-Fuel Co. of Hempstead v. Resource Recycling, 248 AD2d 420, 423-424 [2d Dept 1998]).
