Legal Opinion

Tops Markets, Inc. v. Maryland Casualty

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

Decided December 30, 1999No. Appeal No. 2PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: In 1987 plaintiff, Tops Markets, Inc. (Tops), contracted with Broadcast International (BI) to provide background music in plaintiff’s facility. BI was required to obtain liability insurance naming plaintiff as an additional insured. It did so on its policy with defendant, Maryland Casualty (Maryland). Tops also had its own liability insurance with Royal Insurance (Royal). In 1988 an employee of BI was injured at a Tops facility and sued Tops. Royal tendered the…

2Cases cited5 opinions

  1. Great Northern Insurance v. Mount Vernon Fire InsuranceNew York Court of Appeals · 1999
  2. National Union Fire Insurance v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  3. Excelsior Insurance v. Antretter Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. National Union Fire Insurance of Pittsburgh v. Hartford InsuranceNew York Court of Appeals · 1999
  5. Southgate Owners Corp. v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by3 opinions

  1. International Multifoods Corporation v. Commercial Union Insurance Co.Court of Appeals for the Second Circuit · 2002
  2. International Multifoods Corp. v. Commercial Union InsuranceCourt of Appeals for the Second Circuit · 2002
  3. United Financial Casualty Co. v. Country-Wide Insurance Co.Court of Appeals for the Second Circuit · 2019

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