Nagdeman Co. v. St. Paul Fire Marine Ins. Co.

Full title: NAGDEMAN COMPANY, INC., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE…

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

Date published: Jun 8, 1999

262 A.D.2d 58 (N.Y. App. Div. 1999)

689 N.Y.S.2d 633

Opinion

June 8, 1999.

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

We agree with the IAS Court that the claims in the underlying action against plaintiff herein sound in breach of contract and not libel. Accordingly, as it is undisputed that the subject contract of insurance issued by defendant does not provide plaintiff with liability coverage for contract claims, the complaint seeking to compel defendant to defend and indemnify plaintiff in the underlying action was properly dismissed.

Concur — Sullivan, J.P., Nardelli, Lerner, Rubin and Saxe, JJ.