Second Department affirms denial of summary judgment to marine cargo insurer: typewritten ‘floor to floor’ notation in certificate of insurance raised triable issue of fact as to whether coverage extended through forklift delivery to warehouse floor, beyond standard warehouse-to-warehouse clause.
In the companion appeal to the WDF v. Pegno construction dispute over a Newtown Creek project liquidating agreement, the Appellate Division, Second Department affirms denial of summary judgment to the joint venture defendants on their release defense, holding that the release clause is ambiguous as to claims arising from the post-execution City settlement.
In companion decisions on cross-appeals, the Appellate Division, Second Department holds that the release clause in a construction subcontract liquidating agreement is ambiguous as to whether it bars claims arising from the joint venture’s post-execution settlement with the City of New York—leaving the scope of the release and the parties’ cooperation obligations for trial.
The Appellate Division, Second Department reverses denial of summary judgment and orders specific performance of a commercial real estate contract, holding that docketed Environmental Control Board judgments are liens that the seller must discharge at or before closing under a contract requiring conveyance free of all encumbrances.