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United Resin Products, Inc. v. Great American Insurance

213 A.D.2d 711 Court N.Y. App. Div. Decision date 1995-03-29 English

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p. 711
United Resin Products, Inc., Plaintiff, v Great American Insurance Company, Defendant and Third-Party Plaintiff-Respondent. Standard Group Affiliates, Third-Party Defendant-Appellant.
[624 NYS2d 957]

—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.

p. 712
The 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.

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