Legal Opinion

KMO-361 Realty Associates v. Podbielski

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 1998PublishedCited by 2 opinions

1Opinion of the Court

—Order (denominated judgment), Supreme Court, New York County (Ira Gammerman, J.), entered on or about July 25, 1997, which, in a declaratory judgment action involving whether defendant insurer is obli*44gated to defend and indemnify plaintiffs’ project owner and construction manager in an underlying wrongful death action, granted plaintiffs’ motion for summary judgment only to the extent of declaring that defendant insurer is obligated to share the cost of such defense equally with plaintiff insurer, unanimously affirmed, with costs.

Although the decedent’s death is covered under defendant…

2Cases cited3 opinions

  1. Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
  2. O'Connor v. Serge Elevator Co.New York Court of Appeals · 1982
  3. Garcia v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Perez v. Morse Diesel International, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Byrnes v. RP1185 LLCAppellate Division of the Supreme Court of the State of New York · 2025

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