Machlouzarides v Brewster

[*1] Machlouzarides v Brewster 2009 NY Slip Op 51313(U) [24 Misc 3d 128(A)] Decided on June 29, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570140/08.

Costas Machlouzarides, Plaintiff,

against

Alden Brewster and Brisbane House, Inc., Defendants. Alden Brewster, Third-Party Plaintiff-Appellant, Lee Construction & Renovation, Inc., Third-Party Defendant-Respondent, Alden Brewster, Second-Third-Party Plaintiff- Appellant, Admiral Insurance Company, Second Third-Party Defendant- Respondent, -and- Lee Construction & Renovation, Inc., Second Third-Party Defendant.

Defendant third-party plaintiff Brewster appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered May 2, 2007, which denied his motion for summary judgment on his second third-party complaint.

Per Curiam. [*2]

Order (Joan M. Kenney, J.), entered May 2, 2007, affirmed, with $10 costs.

We agree that the second third-party action commenced by third-party plaintiff Brewster is not susceptible to summary disposition. While the record shows that Brewster was an "additional insured" under the commercial general liability insurance policy issued by third-party defendant Admiral Insurance Company (Admiral), the record reveals triable issues as to whether Brewster's purported claim letters were properly mailed to Admiral (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]; Washington v St. Paul Surplus Lines Ins. Co., 200 AD2d 617 [1994]), the timeliness of Admiral's disclaimer of coverage (see City of New York v General Star Indem. Co., 45 AD3d 430 [2007]; see generally Travelers Ins. Co. v Volmar Constr. Co., 300 AD2d 40 [2002]), and whether Brewster was prejudiced by any untimely disclaimer by Admiral (see Incorporated Vil. of Pleasantville v Calvert Ins. Co., 204 AD2d 689, 690 [1994]),
matters not addressed by the motion court.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 29, 2009