Opinion
October 25, 1999
In an action, inter alia, to recover damages for breach of a contract to procure insurance, (1) the defendant International Bus Services, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.).
ORDERED that the appeal of the defendant Agricultural Excess Surplus Insurance Company is dismissed for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.8[e]); and it is further,
ORDERED that the order is affirmed insofar as appealed from by the defendant International Bus Services, Inc.; and it is further,
ORDERED that the plaintiffs are awarded one bill of costs payable by the defendant International Bus Services, Inc.
The Supreme Court properly concluded that the defendant International Bus Services, Inc. (hereinafter International), breached its obligations under a lease and "Service Agreement" to procure general liability insurance naming the plaintiffs as additional insureds. Contrary to International's contention, the plaintiffs did not waive their right to enforce the insurance procurement provisions of the lease and agreement. International submitted no proof that the plaintiffs were aware of its failure to obtain the required coverage or any proof from which the plaintiffs' intent to relinquish their contractual rights could be inferred (see,Gilbert Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966 ; Santamaria v. 1125 Park Ave. Corp., 238 A.D.2d 259 ).
International's remaining contentions are either unpreserved for appellate review or without merit.
THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.