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VARGAS v. CITY OF NEW YORK

154323/13-5728A. 5728. 5727.

158 A.D.3d 523 (2018)

71 N.Y.S.3d 415

2018 NY Slip Op 01136

ROBERT VARGAS et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. CITY OF NEW YORK et al., Third-Party Plaintiffs-Respondents, v. L&L PAINTING Co., INC., et al., Third-Party Defendants, THE EVANSTON INSURANCE COMPANY, Third-Party Defendant-Respondent, and LIBERTY INSURANCE UNDERWRITERS, Third-Party Defendant-Appellant.

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

Decided February 15, 2018.

The City defendants contracted with defendant E.E. Cruz & Tully Construction Co., a Joint Venture, LLC (Joint Venture). In turn, the Joint Venture entered into a subcontract with defendant/third-party defendant L&L Painting Co., Inc. The subcontract required L&L to procure insurance naming the Joint Venture and the City defendants as additional insureds.

Liberty issued a commercial general liability insurance policy to L&L. Endorsements 1-3 provide...

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