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CLYDE SPENCER et al., Respondents, v. B.A. PAINTING CO., B F ABRAMOWITZ, INC., Appellant and Third-Party Plaintiff-Appellant. BLOOMINGDALE'S, INC., Third-Party Defendant-Respondent.

Since third-party plaintiff B.A. does not deny that it failed to maintain a policy of insurance naming Bloomingdale's as an insured, which we find it was obligated to do pursuant to the work contract between the parties, B.A. was liable for any damages flowing from its breach of contract, including liability for plaintiff's injury ( Morel v. City of New York, 192 A.D.2d 428, 429).

Because insurance procurement clauses are entirely independent of indemnification provisions ( see, Kinney v. Lisk Co., 76 N.Y.2d 215, 218), the determination with respect to liability for the contract breach need not await a final determination as to the underlying liability for personal injury ( Mathew v. Crow Constr. Co., 220 A.D.2d 490, 491; see also, Roblee v. Corning Community Coll., 134 A.D.2d 803, lv denied 72 N.Y.2d 803).

We have considered appellant's other contentions and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.

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SPENCER v. B.A. PAINTING CO
(Feb 20, 1996)