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LIBERTY MUTUAL INSURANCE COMPANY v. TRYSTATE MECHANICAL, INC.

15 A.D.3d 236 (2005)

790 N.Y.S.2d 433

LIBERTY MUTUAL INSURANCE COMPANY et al., Respondents, v. TRYSTATE MECHANICAL, INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 2005.

Montefiore and KeySpan were clearly additional insureds under the liability policy issued by Ohio Casualty to Trystate. Furthermore, in the absence of any language in the subcontract between KeySpan and Trystate to the contrary, the policy was to provide primary coverage subject to other provisions of the contract and policy (see e.g. Tishman Constr. Corp. of N.Y. v American Mfrs. Mut. Ins. Co., 303 A.D.2d...

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