Majority
p. 711United 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.
Cases cited
- Winegrad v. New York University Medical Center 64 NY2d 851 p. 712
- Zuckerman v. City of New York 49 NY2d 557 p. 712