Trokie v. York Preparatory School, Inc.
Opinion of the Court
—Order, Supreme Court, New York County (Stephen Crane, J.), entered March 29, 2000, and order same court (Franklin Weissberg, J.), entered June 23, 2000, which, to the extent appealed from as limited by the brief, limited defendant-appellant York Preparatory School, Inc.’s remedy for defendant-respondent Pung Sang Construction Corpi.’s breach of a construction contract’s insur
The proper measure of York Preparatory School’s damages for Pung Bang’s breach of the subject insurance procurement clause is the full cost of insurance to York, i.e., the premiums it paid for its own insurance, any out-of-pocket costs that may have been incurred incidental to the policy, and any increase in its future insurance premiums resulting from the liability claim (see, Inchaustegui v 666 5th Ave. Ltd. Partnership, 96 NY2d 111). Since York only cross-moved for partial summary judgment on the breach of the insurance procurement provision, it may not now argue, for the first time on appeal, that it is entitled to judgment based on the contract’s indemnity clause (see, Fisher v Society of N. Y. Hosp., 271 AD2d 262). Concur— Tom, J. P., Ellerin, Rubin, Saxe and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.