DANIEL ALMONTE, PLAINTIFF, v. CITIBANK NMTC CORPORATION def-res, 2481 ACP OWNER, LLC def, ABM JANITORIAL SERVICES-NORTHEAST, INC., def-ap

3940. DANIEL ALMONTE, PLAINTIFF, v. CITIBANK NMTC CORPORATION def-res, 2481 ACP OWNER, LLC def, ABM JANITORIAL SERVICES-NORTHEAST, INC., def-ap — Jeffrey Samel & Partners, New York (Robert G. Spevack of counsel), for ap — White & McSpedon, P.C., New York (Michael J. Caulfield of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 4, 2016, which granted defendants-respondents' (collectively Citi) motion for summary judgment on their cross claim against defendant ABM Janitorial Services-Northeast, Inc. (ABM) for breach of contract to procure insurance, unanimously reversed, on the law, with costs, and the motion denied.

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3940. DANIEL ALMONTE, PLAINTIFF, v. CITIBANK NMTC CORPORATION def-res, 2481 ACP OWNER, LLC def, ABM JANITORIAL SERVICES-NORTHEAST, INC., def-ap — Jeffrey Samel & Partners, New York (Robert G. Spevack of counsel), for ap — White & McSpedon, P.C., New York (Michael J. Caulfield of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 4, 2016, which granted defendants-respondents’ (collectively Citi) motion for summary judgment on their cross claim against defendant ABM Janitorial Services-Northeast, Inc. (ABM) for breach of contract to procure insurance, unanimously reversed, on the law, with costs, and the motion denied.

Citigroup Technology, Inc. (CTI) and ABM entered into a “Service Contractor Agreement,” whereby ABM agreed to provide certain janitorial services for Citi. Under section 7 of the agreement, entitled “Insurance,” ABM was required to obtain the insurance set forth in Exhibit C “and in a form reasonably satisfactory to CTI.” Exhibit C required commercial general liability insurance with a combined single limit of no less than $3,000,000 per occurrence, and that CTI, among others, be named as an additional insured. It also required ABM to “furnish to CTI Certificate(s) of Insurance evidencing the above coverage.”

DANIEL ALMONTE, PLAINTIFF, v. CITIBANK NMTC CORPORATION def-res, 2481 ACP OWNER, LLC def, ABM JANITORIAL SERVICES-NORTHEAST, INC., def-ap

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