Appellate Division of the Supreme Court of New York, 1995

United Resin Products, Inc. v. Great American Insurance

United Resin Products, Inc. v. Great American Insurance
Appellate Division of the Supreme Court of New York · Decided March 29, 1995
213 A.D.2d 711; 624 N.Y.S.2d 957; 1995 N.Y. App. Div. LEXIS 3612
United Resin Products, Inc. v. Great American Insurance

Opinion of the Court

—In an action, inter alia, to recover damages for breach of certain insurance contracts, the third-party defendant appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated January 13, 1994, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed, with costs.

*712The Supreme Court properly denied the appellant’s motion for summary judgment dismissing the third-party complaint. There are material, triable issues of fact with respect to whether the appellant failed to timely notify the third-party plaintiff that an action had been commenced against the plaintiff and whether and to what extent this alleged failure proximately caused the losses incurred by the third-party plaintiff. Under these circumstances, summary judgment is unavailable to the appellant (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; Zuckerman v City of New York, 49 NY2d 557). Sullivan, J. P., Lawrence, Copertino and Joy, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.