Legal Opinion · Dissent

Metro-North Commuter Railroad v. Yonkers Contracting Co.

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

Decided December 3, 1998Published

1DissentMilonas, J.

Metro-North acquired a policy from National Union to cover “force account workers” on a particular tunnel project site. Because the National Union policy failed to cover certain other Metro-North employees, specifically flagmen (because they did not work in the tunnel itself) and inspection personnel (because they were managerial employees), Metro-North sought to provide coverage for these particular employees by obtaining from Lloyd’s a separate policy solely for their benefit and to the extent of this limited exposure. The record unequivocally establishes that, according to both Metro-North…

2Cases cited5 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
  3. Nash v. KornblumNew York Court of Appeals · 1962
  4. Baby Togs, Inc. v. Harold Trimming Co.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Prudential Insurance Co. of America v. S.S. American LancerDistrict Court, S.D. New York · 1988

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