Carriage Development, Inc. v. U.S. Underwriters Insurance

Judgment, Supreme Court, New York County (Walter Tolub, J.), entered May 30, 2003, which, after a nonjury trial, declared that defendant was not required to indemnify plaintiffs in connection with an underlying negligence lawsuit, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered April 4, 2003, which denied plaintiffs’ motion to set aside the verdict or order a new trial, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs contended they had a landlord-tenant relationship with the employer of the individual who…