Spencer v. B.A. Painting Co.

Full title: CLYDE SPENCER et al., Respondents, v. B.A. PAINTING CO., B F ABRAMOWITZ…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 20, 1996

224 A.D.2d 307 (N.Y. App. Div. 1996)

638 N.Y.S.2d 37

Opinion

February 20, 1996

Appeal from the Supreme Court, Bronx County (Anne Targum, J.).

Since third-party plaintiff B.A. does not deny that it failed to maintain a policy of insurance naming Bloomingdale's as an insured, which we find it was obligated to do pursuant to the work contract between the parties, B.A. was liable for any damages flowing from its breach of contract, including liability for plaintiff's injury ( Morel v. City of New York, 192 A.D.2d 428, 429).

Because insurance procurement clauses are entirely independent of indemnification provisions ( see, Kinney v. Lisk Co., 76 N.Y.2d 215, 218), the determination with respect to liability for the contract breach need not await a final determination as to the underlying liability for personal injury ( Mathew v. Crow Constr. Co., 220 A.D.2d 490, 491; see also, Roblee v. Corning Community Coll., 134 A.D.2d 803, lv denied 72 N.Y.2d 803).

We have considered appellant's other contentions and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.