AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THOMAS M. BOYLE, Appellant, v. CITY OF NEW YORK et al., Defendants, and HARRY MACKLOWE et al., Respondents.

Plaintiff is not an aggrieved party with standing to appeal the instant orders, which have no direct effect on his right to recover a full judgment ( see, D'Ambrosio v City of New York, 55 NY2d 454, 459-460). Contrary to Plaintiff's contention, the motion court did not make any "judicial determination, prior to trial, of lack of liability on the part of the [landlord] defendants". Rather, the court merely found that the tenant defendants had breached their contractual duty to procure and maintain an insurance policy naming the landlord defendants as additional insureds, which is distinct from common-law and contractual indemnity ( see, Kinney v Lisk Co., 76 NY2d 215, 218; Spencer v B.A. Painting Co., 224 AD2d 307). Plaintiff will be able to recover from the landlord defendants such damages as plaintiff can prove at trial were due to their fault. This is a plainly meritless appeal and should never have been brought.

Use AI to get other relevant cases.

Comments

BOYLE v. CITY OF NEW YORK
(Mar 27, 1997)