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Century Sur. Co. v All In One Roofing, LLC

DECISION & ORDER

Appeals from (1) an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated December 10, 2015, (2) a judgment of that court dated December 10, 2015, and (3) a judgment of that court dated February 9, 2016. The order, insofar as appealed from, denied those branches of the plaintiff’s motion which were to set aside so much of a special jury verdict as determined that the defendant Zdeno Jadron was not employed by an independent contractor of the defendant All In One Roofing, LLC, to the extent that such determination related to the defendant All In One Roofing, LLC, the defendants McAlpine Construction Company, Inc., 10 Leonard Street, LLC, and 10 Boulevard, LLC, and the defendant Zdeno Jadron, and for judgment as a matter of law as against each of those defendants. The judgment dated December 10, 2015, inter alia, declared that the plaintiff owes liability insurance coverage to the defendant All In One Roofing, LLC, under a commercial general liability policy, in relation to the claims made against that defendant in an underlying action, and that such coverage is applicable to the claims of the defendant Zdeno Jadron against the defendant All In One Roofing, LLC, in the underlying action. The judgment dated February 9, 2016, inter alia, declared that the plaintiff owes liability insurance coverage to the defendants McAlpine Construction Company, Inc., 10 Leonard Street, LLC, and 10 Boulevard, LLC, and that such coverage is applicable to the claims of the defendant Zdeno Jadron against those three defendants in the underlying action.

ORDERED that the appeal from the order dated December 10, 2015, is dismissed; and it is further,

ORDERED that the judgments are affirmed; and it is further,

ORDERED that one bill of costs is awarded to the defendant Zdeno Jadron.

The defendant All In One Roofing, LLC (hereinafter All In One), entered into a contract with the defendant McAlpine Construction Company, Inc. (hereinafter McAlpine), to install a roof on a building located on real property owned by the defendants 10 Leonard Street, LLC (hereinafter Leonard Street), and 10 Boulevard, LLC (hereinafter Boulevard). All In One, in turn, entered into a contract with nonparty Vasyl Berezhanskyy to install the roof. The defendant Zdeno Jadron was hired by Berezhanskyy to work on the project. While he was performing work on the roof, Jadron allegedly fell to the ground and was injured.

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