Tardy v. Morgan Guaranty Trust Co.
Cases that cite this one
8 later published cases cite this decision.
- Hayner Hoyt Corp. v. Utica First Insurance (Appellate Division of the Supreme Court of New York 2003)
- Soho Plaza Corp. v. Birnbaum (Appellate Division of the Supreme Court of New York 2013)
- Soho Plaza Corp. v. Birnbaum (Appellate Division of the Supreme Court of New York 2013)
- 385 Third Avenue Associates, L.P. v. Metropolitan Metals Corp. (Appellate Division of the Supreme Court of New York 2011)
- DRK, LLC v. Burlington Insurance (Appellate Division of the Supreme Court of New York 2010)
- Howard & Norman Baker, Ltd. v. American Safety Casualty Insurance (Appellate Division of the Supreme Court of New York 2010)
- Moleon v. Kreisler Borg Florman General Construction Co. (Appellate Division of the Supreme Court of New York 2003)
- Consolidated Edison Co. of New York, Inc. v. United Coastal Insurance (Appellate Division of the Supreme Court of New York 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about January 21, 1994, which, insofar as appealed from as limited by third-party plaintiff-appellant’s brief, denied appellant’s motion for summary judgment on its cause of action seeking a declaration that third-party defendant-respondent must defend and indemnify it in the main action, unanimously affirmed, without costs.
We agree with the IAS Court that the policy in question, which excludes coverage for "bodily injury to any employee of any named insured,” unambiguously applies to bar coverage to an additional insured, such as appellants, against a claim by the primary insured’s employee. As the provisions are clear and unambiguous, we must give them their plain and ordinary meaning, and refrain from rewriting the agreement (see, United States Fid. & Guar. Co. v Annunziata, 67 NY2d 229). Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.