Mar 11, 2020

To Be or Not To Be an Additional Insured?


It is the question many in the industry have asked in light of the 2018 New York Court of Appeals decision in the Gilbane case. (Gilbane Bldg. Co./TDX Constr. Corp., et al. v. St. Paul Fire & Marine Ins. Co., et al., 31 N.Y. 3d 131 (2018)).  In Gilbane the court held that a party was not entitled to coverage as an additional insured when such party did not have a written contract with the policy holder requiring such status.  Additional insured status may be very important in that, in addition to affording an additional insured a legal defense, it… Read more

Dec 28, 2012

Is the Board Liable When a Worker on an Apartment Alteration Project is Injured?

OSHA's Silica Exposure Standard

If a worker employed in an apartment owner’s alteration project is injured due to some lapse in safety practices or equipment on the job, is the condominium or cooperative liable under New York’s Labor Law? Unfortunately, a decision of the New York Court of Appeals earlier this month, Guryev v. Tomchinsky, __ N.Y.2d __ (Dec. 11, 2012), addressed this issue by distinguishing between cooperatives and condominiums in a way that makes little intuitive sense. New York’s Labor Law, §241 requires, generally, that “All contractors and owners and their agents, except owners of one and two family dwellings who contract for… Read more