Legal Opinion

Horn Maintenance Corp. v. Aetna Casualty & Surety Co.

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

Decided March 21, 1996PublishedCited by 21 opinions

1Opinion of the Court

*444The motion court erred in granting summary judgment to SIF and Basonas in the declaratory judgment action and, consequently, its reliance on that determination in granting summary judgment and dismissing the third-party complaint in the personal injury action was also error.

Basonas and SIF as summary judgment movants failed to demonstrate that they were entitled to judgment as á matter of law on the issue of whether Horn was covered as an additional insured under Basonas’ policy with Aetna. A certificate of insurance is merely evidence of a contract for insurance, not conclusive proof that…

2Cases cited3 opinions

  1. Bucon, Inc. v. Pennsylvania Manufacturing AssociationAppellate Division of the Supreme Court of the State of New York · 1989
  2. Morrison-Knudsen Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Wright v. E.S. McCann & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by21 opinions

  1. 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.Court of Appeals for the Second Circuit · 2010
  2. Buccini v. 1568 Broadway AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
  3. Prevost v. One City Block LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Trapani v. 10 Arial Way AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
  5. Penske Truck Leasing Co. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

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