Palladino v. U.S. Lines

CourtNew York Supreme Court — Appellate Division
Citation490 N.Y.S.2d 493,111 A.D.2d 656
PartiesJoseph PALLADINO, Plaintiff, v. UNITED STATES LINES, Defendant. UNITED STATES LINES, INC., Third-Party Plaintiff-Appellant, v. MIDLAND INSURANCE COMPANY, Third-Party Defendant-Respondent.
Decision Date18 June 1985

Page 493

490 N.Y.S.2d 493
111 A.D.2d 656
Joseph PALLADINO, Plaintiff,
v.
UNITED STATES LINES, Defendant.
UNITED STATES LINES, INC., Third-Party Plaintiff-Appellant,
v.
MIDLAND INSURANCE COMPANY, Third-Party Defendant-Respondent.
Supreme Court, Appellate Division,
First Department.
June 18, 1985.

Page 494

J.E. Driscoll, III, New York City, for third-party plaintiff-appellant.

J.A. Cohen, New York City, for third-party defendant-respondent.

Before MURPHY, P.J., and SULLIVAN, ROSS, LYNCH and KASSAL, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered November 15, 1984, which denied the motion of defendant and third-party plaintiff United States Lines (United) for summary judgment against the third-party defendant Midland Insurance Company (Midland), is unanimously modified, on the law, to the extent of granting United partial summary judgment declaring that Midland has the duty to defend defendant United in the main action, and otherwise affirmed, without costs.

In the main action, non-party to this appeal, plaintiff Joseph Palladino, a longshoreman employed by the Howland Hook Marine Terminal Corporation (Howland Hook) at its terminal in Staten Island, New York, seeks to recover damages from defendant United for personal injuries he suffered, which allegedly were caused by United's negligence. Plaintiff, in pertinent part, alleges in his complaint that, on February 1, 1980, he was injured, when the vehicle he was using to pull containers owned by United overturned, due to the fact that United allegedly overloaded those containers.

Midland is the liability insurer for Howland Hook. Under the Midland policy, Howland Hook is the named insured, and by endorsement thereto, United is an additional named insured, with respect to claims and actions against United resulting from Howland Hook's terminal operations.

After Midland declined coverage, United commenced the instant third-party action against Midland, for the purpose of seeking a declaration that Midland is obligated under the subject policy to indemnify and defend United in the main action. Third-party defendant Midland in its answer, inter alia, disclaimed liability, upon the basis that United's alleged negligence was not covered by the policy, since it did not involve terminal operations.

Subsequent to the joinder of issue, United moved for summary judgment in this third-party action. Special Term denied the motion.

We disagree.

Our examination of the record...

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2 practice notes
  • Vega v. Restani Constr. Corp..
    • United States
    • New York Supreme Court Appellate Division
    • May 27, 2010
    ...in overloading the garbage can not be tantamount to negligence is without merit (12 NYCRR 23–2.1[b]; Palladino v. United States Lines, 111 A.D.2d 656, 490 N.Y.S.2d 493 [1985] [cause of action for the overloading of containers, allegedly causing injury to the plaintiff was viable predicate m......
  • People ex rel. Ferguson v. Campbell
    • United States
    • New York Supreme Court Appellate Division
    • August 22, 1991
    ...is no indication in the record that the People have not been continually ready for trial since that time (see, People v. Rhee, supra, 111 A.D.2d at 656, 490 N.Y.S.2d 215; compare, People v. Anderson, 66 N.Y.2d 529, 498 N.Y.S.2d 119, 488 N.E.2d 1231). County Court properly determined that pe......
2 cases
  • Vega v. Restani Constr. Corp..
    • United States
    • New York Supreme Court Appellate Division
    • May 27, 2010
    ...in overloading the garbage can not be tantamount to negligence is without merit (12 NYCRR 23–2.1[b]; Palladino v. United States Lines, 111 A.D.2d 656, 490 N.Y.S.2d 493 [1985] [cause of action for the overloading of containers, allegedly causing injury to the plaintiff was viable predicate m......
  • People ex rel. Ferguson v. Campbell
    • United States
    • New York Supreme Court Appellate Division
    • August 22, 1991
    ...is no indication in the record that the People have not been continually ready for trial since that time (see, People v. Rhee, supra, 111 A.D.2d at 656, 490 N.Y.S.2d 215; compare, People v. Anderson, 66 N.Y.2d 529, 498 N.Y.S.2d 119, 488 N.E.2d 1231). County Court properly determined that pe......

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