Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Division, First Department: March 9, 2021

Appellate Division, First Department: March 9, 2021

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appeals List Released on: March 9, 2021

By Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ. 651944/17. 388 REALTY OWNER LLC, ET AL., plf-res, v. AMTRUST INTERNATIONAL UNDERWRITERS LIMITED, def-app — Kennedys CMK LLP, New York (Max W. Gershweir of counsel), for appellant — White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for respondents — Order, Supreme Court, New York County (Debra A. James, J.), entered May 11, 2020, which, upon reargument, adhered to the prior denial of defendant’s motion for summary judgment and grant of plaintiffs’ cross motion for summary judgment to the extent of declaring that defendant has a duty to defend plaintiffs in the underlying action, unanimously affirmed, with costs. Defendant failed to demonstrate that it is possible to reconcile the conflicting provisions of the governing documents, i.e., the rider to the “Task Order,” which defendant argues shows that its named insureds were not required to name plaintiffs as additional insureds, and the provisions of other documents that require that plaintiffs be named as additional insureds (see NFL Enters. LLC v. Comcast Cable Communications, LLC, 51 AD3d 52, 61 [1st Dept 2008]; Lenart Realty Corp. v. Petroleum Tank Cleaners, Ltd., 116 AD3d 536, 537 [1st Dept 2014]). Defendant failed to address plaintiffs’ argument that they are entitled to a defense based on an insurer’s duty to defend where the allegations in the underlying complaint suggest a reasonable possibility of coverage, and improperly advanced a new argument in its motion for reargument (see Foley v. Roche, 68 AD2d 558, 567-568 [1st Dept 1979]; see also Matter of Setters v. Al Props. & Devs. [USA] Corp., 139 AD3d 492, 492 [1st Dept 2016]). Nor is CPLR 5019(a) a proper vehicle for seeking changes to a prior order that would affect a substantial right of a party (Johnson v. Societe Generale S.A., 94 AD3d 663, 664 [1st Dept 2012]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
General Counsel

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›
Insurance Coverage Associate

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›
Litigation Attorney -- New York

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements