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KOHOUT v. MOLLOY COLLEGE

61 A.D.3d 640 (2009)

876 N.Y.S.2d 505

LORRAINE KOHOUT, Respondent, v. MOLLOY COLLEGE, Defendant and Third-Party Plaintiff-Respondent-Appellant. WHITSONS FOOD SERVICE CORPORATION, Third-Party Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the third-party defendant Whitsons Food Service Corporation which was for summary judgment dismissing the cause of action in the third-party complaint to recover damages for breach of contract for failure to procure insurance and substituting therefor a provision granting that branch of the motion; as so modified...

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