340 Madison Owner LLC v Sage Elec. Contr., Inc.
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340 Madison Owner LLC v Sage Elec. Contr., Inc. 2013 NY Slip Op 30487(U) February 21, 2013 Supreme Court, New York County Docket Number: 115000/08 Judge: Paul Wooten Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. SCANNED ON 311112013 [* 1] 340 MADISON OWNER LLC, and McERAW UTICA MUTUAL and UTICA NATl Notice of Motion1 Answering Affida National Assurance Company (tog tion that (I) owes plaintiffs Utica them in the rela [* 2] CPLR 2221 (d) provi Roche, 68 AD2d 558, 56 which an unsuccessf previously decided, no unity to submit ne submitted as part of the E. 63 St. Co. Y Cook, 120 568 [ I s t Dept 19791). incorrect provisions of the HudsonISage Trade Contrac r such injuries may be caused, [* 3] be in whole or in part (Brown un afoul of the s fact. However, in the event th negligence, Sage will be obli Defense in Contino McEraw Hudson i already issued a declaratory judgment on the issue of Utica s o and McGraw Hudson in Contino. The re uested in this mo [* 4] This issue has been resolved, in that Utica has ass and McGraw Hudson in Contino, under a full reserve of right The McGraw Hudsgn/Sage contract required Sage to procure a co liability policy which named 340 Madison and McGraw Hudson as additional Page 4 of 7 [* 5] HudsOnlSage Trade Contract, lnsu Affirm. in prior motion, Exs, D and re be some causal internal citation Roberts Constr. Group, LL connection to trigger the additio ured 'arising out of' oper s walking to one of the elevators to I'6] [* they may be found liab and any determina and/or McGraw Hudson accident was the r e w section of the UticdSage which seeks de on Construction C 23,2012 is vacated further, s or omissions of" [* 7] ORDERED that counsel for 340 Madison Owner LLC is directed to serve a copy of this Order with Notice of Entry upon all parties and upon the Clerk of the Motion Support Office who is directed to restore this action to the active calendar. This constitutes the Decision and Order of the Court. Dated: $ -2.1 -( 3 Check one: I I FINAL DISPOSITION Check if appropriate: : ! ? NON-FINAL DISPOSITION DO NOT POST 11 REFERENCE < N V YORK EV COUNTY CLERKS 0 - Page 7 of 7 3
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