AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 102 A.D.3d 425 (N.Y. App. Div. 2013). · Go Syfert
AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 102 A.D.3d 425 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
53 citation events (53 in the last 25 years) across 7 distinct courts.
Strongest positive: Triborough Scaffolding and Hoisting Services, Inc., Shangri-La Astoria, Inc., and New York Fast General Contracting Corp. v. Southwest Marine & General Insurance Company and Endurance American Specialty Insurance Company (nysd, 2025-09-24)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Triborough Scaffolding and Hoisting Services, Inc., Shangri-La Astoria, Inc., and New York Fast General Contracting Corp. v. Southwest Marine & General Insurance Company and Endurance American Specialty Insurance Company
S.D.N.Y. · 2025 · quote attribution · 1 verbatim quote · confidence high
policies containing broader language have been found to allow for an agreement naming an additional insured without an express contract between the parties.
discussed Cited as authority (rule) 600 Assoc. LLC v. Illinois Union Ins. Co. (2×)
N.Y. App. Div. · 2025 · confidence medium
Therefore, plaintiffs are not additional insureds under that policy ( AB Green Gansevoort, LLC v Peter Scalamandre & Sons, Inc. (102 AD3d 425, 426 [1st Dept 2013]; see also Gilbane Bldg.
discussed Cited as authority (rule) The Charter Oak Fire Insurance Company v. HDI-Gerling America Insurance Company
S.D.N.Y. · 2025 · confidence medium
Finally, to the extent that HDI relies on the titles of the Lessor and Owner Endorsements, its “reliance . . . is misplaced” because it is well established that “a heading cannot alter the effect of the unambiguous language in the body of the clause itself.” AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 961 N.Y.S.2d 3, 5 (App. Div. 1st Dep’t 2013) (cleaned up).
discussed Cited as authority (rule) Scottsdale Ins. Co. v. Sisco Architectural Metals Co.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
As such, MP 14 is not entitled to coverage under the Policy because it does not qualify as an additional insured (see AB Green Gansevoort, LLC v Peter Scalamandre & Sons, Inc., 102 AD3d 425, 426 [1st Dept 2013]; City of New York v Nova Cas.
discussed Cited as authority (rule) The Travelers Indemnity Company v. Trisura Specialty Insurance Company
S.D.N.Y. · 2024 · confidence medium
Corp., 97 N.E.3d at 712-13 (N.Y. 2018) (denying coverage where the provision stated: “WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization with whom you have agreed to add as an additional insured by written contract” (emphasis added)); AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 961 N.Y.S.2d 3, 4-5 (1st Dep’t 2013) (holding that a property owner was not an additional insured on a subcontractor’s insurance since it had no written agreement directly with the subcontractor and the relevant provision in the subcontractor’s insuran…
cited Cited as authority (rule) Arch Specialty Ins. Co. v. Nautilus Ins. Co.
N.Y. App. Div. · 2023 · confidence medium
Co. , 143 AD3d 146, 154 [1st Dept 2016], affd 31 NY3d 131 [2018]; AB Green Gansevoort, LLC v Peter Scalamandre & Sons, Inc., 102 AD3d 425, 426 [1st Dept 2013]).
discussed Cited as authority (rule) ACC Constr. Corp. v. Merchants Mut. Ins. Co.
N.Y. App. Div. · 2021 · confidence medium
Since 370 Seventh Avenue and Comscore did not have a direct contractual agreement with Premier, they are not entitled to additional insured coverage under the terms of the [*2]Merchants policy ( see AB Green Ganesvoort , 102 AD3d at 426).
discussed Cited as authority (rule) ACC Constr. Corp. v. Merchants Mut. Ins. Co.
N.Y. App. Div. · 2021 · confidence medium
Since 370 Seventh Avenue and Comscore did not have a direct contractual agreement with Premier, they are not entitled to additional insured coverage under the terms of the [*2]Merchants policy ( see AB Green Ganesvoort , 102 AD3d at 426).
discussed Cited as authority (rule) All State Interior Demolition Inc. v. Scottsdale Ins. Co.
N.Y. App. Div. · 2019 · confidence medium
The policy issued by defendant Scottsdale to defendant United Interior Renovations, LLC provided that an organization would be added as an additional insured on the policy "when [United] and such ... organization have agreed in writing in a contract or agreement that such ... organization be added as an additional insured on your policy." As plaintiff All State Interior Demolition Inc. is the only organization with which United agreed in writing that it be added as an additional insured on the policy, none of the other plaintiffs are entitled to coverage under the policy as additional insureds…
discussed Cited as authority (rule) Cincinnati Insurance Co. v. Harleysville Insurance Co.
2d Cir. · 2017 · confidence medium
Such an interpretation aligns with New York cases, which have consistently interpreted language identical to the Privity Endorsement 1 to require contractual privity, so that “there must be a written agreement between the insured and the organization seeking coverage to add that organization as an additional insured.” AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 102 A.D.3d 425 , 961 N.Y.S.2d 3, 4-5 (1st Dep’t 2013); see also Muss Dev., LLC v. Nationwide Ins.
discussed Cited as authority (rule) Harco Construction, LLC v. First Mercury Insurance Co.
N.Y. App. Div. · 2017 · confidence medium
Co., 130 AD3d 405, 406 [2015]; AB Green Gansevoort, LLC v Peter Scalamandre & Sons, Inc., 102 AD3d 425, 426 [2013]; Linarello v City Univ. of N.Y., 6 AD3d 192, 195 [2004]), and that it was therefore not required to disclaim coverage as to 301-303, “as its denial of coverage was based on the lack of coverage, rather than on a policy exclusion” (Maxwell Plumb Mech.
examined Cited as authority (rule) Gilbane Bldg. Co./TDX Constr. Corp. v. St. Paul Fire & Mar. Ins. Co. (6×)
N.Y. App. Div. · 2016 · confidence medium
Co. of Pittsburgh , 228 AD2d 385, 386 [1st Dept 1996] [coverage upheld on other grounds under clause stating, "(A)ny entity to whom or to which the Named Insured . . . is obligated by virtue of a written contract, is hereby included as an additional insured"]; with Zoological Socy. of Buffalo, Inc. v CarvedRock, LLC , 2014 WL 3748545 , *1, 2014 US Dist LEXIS 105359 , *3 [WDNY, July 29, 2014, No. 10-CV-35-A(Sr) (RJA/HKS)] [policy language defining "additional insured" as "(a)ny person or organization with whom (the named insured) ha(s) agreed, in a written contract, that such person or organiza…
discussed Cited as authority (rule) Gilbane Bldg. Co./TDX Constr. Corp. v. St. Paul Fire & Mar. Ins. Co. (2×)
N.Y. App. Div. · 2016 · confidence medium
Co. of Pittsburgh , 228 AD2d 385, 386 [1st Dept 1996] [coverage upheld on other grounds under clause stating, "(A)ny entity to whom or to which the Named Insured . . . is obligated by virtue of a written contract, is hereby included as an additional insured"]; with Zoological Socy. of Buffalo, Inc. v CarvedRock, LLC , 2014 WL 3748545 , *1, 2014 US Dist LEXIS 105359 , *3 [WDNY, July 29, 2014, No. 10-CV-35-A(Sr) (RJA/HKS)] [policy language defining "additional insured" as "(a)ny person or organization with whom (the named insured) ha(s) agreed, in a written contract, that such person or organiza…
cited Cited "see" Colony Insurance Company v. Southwest Marine and General Insurance Company
S.D.N.Y. · 2024 · signal: see · confidence high
See AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 961 N.Y.S.2d 3, 4 (1st Dep’t 2013).
discussed Cited "see" Berkley Insurance Company v. Prime Insurance Company
E.D.N.Y · 2023 · signal: see · confidence high
See AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 961 N.Y.S.2d 3 (1st Dep’t 2013) (noting that the express language of the additional insured endorsement was restricted to its plain meaning).
discussed Cited "see" Nautilus Insurance Co. v. Jirsa Construction Co. (2×)
W.D.N.Y. · 2017 · signal: see · confidence high
See AB Green Gansevoort, LLC v. Peter Scalamandre & Sons, Inc., 102 A.D.3d 425, 426 , 961 N.Y.S.2d 3 (1st Dep’t 2013) (interpreting similar language as requiring “a written agreement between the insured and the organization seeking coverage to add that organization as an additional insured”); Zoological Soc. of Buffalo, Inc. v. Carvedrock, LLC, No. 10-CV-35 (RJA), 2014 WL 3748545 , at *7 (W.D.N.Y.
Retrieving the full opinion text from the archive…
AB Green Gansevoort, LLC
v.
Peter Scalamandre & Sons, Inc., and Liberty Mutual Insurance Company
Appellate Division of the Supreme Court of the State of New York.
Jan 8, 2013.
102 A.D.3d 425
Cited by 19 opinions  |  Published

Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 20, 2011, which, to the extent appealed from, denied defendant Liberty’s motion for summary judgment dismissing the amended complaint as against it, unanimously modified, on the law, to declare that Liberty has no obligation to[*426] defend or provide insurance coverage for plaintiff AB Green Gansevoort, LLC (Green) in the underlying personal injury action, and otherwise affirmed, without costs.

Plaintiff Green commenced this declaratory judgment action seeking liability coverage from defendant Liberty Mutual Insurance Company as an additional insured. The underlying action was brought by Juan Vargas, who alleges that he suffered bodily injury while working on a construction site owned by Green. Pavarini McGovern, LLC served as general contractor on the construction site. Pavarini then retained as a subcontractor Peter Scalamandre & Sons, Inc. Scalamandre then purchased concrete from Ferrara Brothers Building Materials Corp. pursuant to an unsigned purchase order.

Ferrara obtained a commercial lines insurance policy from Liberty. The policy stated, in pertinent part, that an organization is added as an additional insured “when you and such . . . organization have agreed in writing in a contract or agreement that such . . . organization be added as an additional insured on your policy.”

Liberty moved for summary judgment dismissing Green’s complaint seeking coverage as an additional insured under the policy issued to Ferrara. Liberty asserted that since Green did not produce any written agreement between itself and Ferrara naming Green as an additional insured, under the plain language of the policy, there was no question of fact as to whether an agreement existed between Ferrara and Green. The motion court denied Liberty’s motion for summary judgment and this appeal ensued.

Liberty persuasively argues that this Court’s decision in Linarello v City Univ. of N.Y. (6 AD3d 192 [1st Dept 2004]) requires that there be an express written agreement between Ferrara and Green for Green to be an additional insured (id. at 195). The language of the insurance policy at issue in Linarello is exactly the same as the policy here. It specifically provides that there must be a written agreement between the insured and the organization seeking coverage to add that organization as an additional insured. No such agreement exists here. Absent such an agreement, the plain terms of the policy have not been met and Green cannot seek coverage from Liberty as an additional insured. Although policies containing broader language have been found to allow for an agreement naming an additional insured without an express contract between the parties, the language at issue here is restricted to its plain meaning (cf. American Home Assur. Co. v Zurich Ins. Co., 26 Misc 3d 1223[A], 2010 NY Slip Op 50237[U] [Sup Ct, Bangs County 2010]).

[*427] In opposition, Green argues that the title of the provision, “Additional Insured—Owners, Lessees or Contractors— Automatic status when required in construction agreement with you,” automatically made Green an additional insured when Ferrara entered into a purchase order with Scalamandre in which it agreed to “assume all the obligations and risks which . . . [Scalamandre] assumed towards” Green. However, Green’s reliance on the title of the policy provision is misplaced as a heading “cannot alter . . . the effect of the unambiguous language in the body of the clause itself’ (Albany Med. Ctr. v Preferred Life Ins. Co. of N.Y., 19 Misc 3d 209, 215 [Sup Ct, Albany County 2008]; see also Rivers v Sauter, 26 NY2d 260, 262 [1970]). Alternatively, Green argues that the terms of the policy itself are ambiguous because the policy can be read to mean that the named insured and the party seeking to be an additional insured only need enter into written agreements with another party, not necessarily with each other. Under this interpretation of the policy, there is a question of fact as to whether the incorporation by reference language in the Scalamandre/Ferrara purchase order sufficed to establish a written agreement between Ferrara and Green as contemplated by the insurance policy. However, this reading is inconsistent with Linarello and we see no reason to depart from this controlling precedent (Linarello, 6 AD3d at 195). Moreover, Green’s argument requires reading terms into the policy that do not exist. The policy does not provide that there only be some writing, but rather that there be a written contract between the named insured and the organization seeking coverage.

Here, there is no question of fact as to whether a written contract between Green and Ferrara existed and, therefore, Liberty is entitled to a declaration in its favor. Having reached a decision on this ground, we need not address Liberty’s additional argument raised on appeal. Concur—Tom, J.P., Sweeny, Acosta, DeGrasse and Richter, JJ.