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WESCO INS. CO. v. RUTGERS CAS. INS. CO.

Index No. 155759/20. Appeal Nos. 15204-15204A. Case No. 2021-03011.

202 A.D.3d 460 (2022)

158 N.Y.S.3d 573

2022 NY Slip Op 00749

Wesco Insurance Company, Respondent, v. Rutgers Casualty Insurance Company, Appellant. Beach Lane Management, Inc., et al., Nonparty Respondents.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Miranda Slone Sklarin Verveniotis LLP, Mineola (Steven Verveniotis of counsel), for appellant.

Kennedys CMK LLP, New York (Max W. Gershweir of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Plaintiff sufficiently authenticated the relevant policies and lease, which, as documents of independent legal significance, are not hearsay (see 830 Eighth Ave. LLC v Global at 8th LLC, 198 A.D.3d 404 [1st Dept 2021]).

Given that defendant's insured had an express duty to maintain the sidewalk outside its leased premises, and to indemnify the landlord, plaintiff's insured, in connection with that duty, it can be inferred that the underlying alleged accident...

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