Opinion
Submitted May 12, 1999
June 21, 1999
In an action to recover damages for personal injuries, etc., the defendant Postcap Construction Corp. appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated May 15, 1998, which granted the motion of the defendant TDX Construction Corporation, in effect, for partial summary judgment on the latter's third cross claim insofar as asserted against it based on its failure, inter alia, to obtain insurance naming the defendant TDX Construction Corporation as an additional insured.
Flood, Johnston McShane, P.C., New York, N.Y. (Peter F. Breheny of counsel), for appellant.
O'Connor, O'Connor, Hintz Deveney, LLP, Garden City, N Y (Brian T. Deveney of counsel), for respondent.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the facts of this case, the Supreme Court correctly determined that the appellant breached the subject contract by failing to obtain insurance which named the defendant TDX Construction Corporation as an additional insured ( see, Kinney v. Lisk Co., 76 N.Y.2d 215).