In Bachrow v. Turner Construction Corp., 46 AD3d 388 [1st Dept. 2007] the Court denied the contractor's summary judgment motion in the event that the plaintiff/contractor could not prove that it had suffered damages as a result of the breach. There, the court affirmed the lower court's finding that the subcontractor breached the agreement because it purchased a policy that covered only its own acts of negligence but failed to procure the requisite insurance that provided coverage for both its negligence and any acts of negligence by the contractor. Accordingly, the court found that the contractor was entitled to recover any losses caused by the breach of contract. Despite finding that a breach occurred, the court held that the motion for summary judgment was nevertheless premature, "as it has yet to be determined that the subcontractor's failure to procure the agreed-upon insurance caused the contractor any losses. Such causal relationship would be lacking in the event the declaratory judgment action determines that the insurer was not given timely notice of the claim" (Id.) The Court affirmed the lower court's finding that the subcontractor breached the agreement because it purchased a policy that covered only its own acts of negligence but failed to procure the requisite insurance that provided coverage for both its negligence and any acts of negligence by the contractor. Accordingly, the court found that the contractor was entitled to recover any losses caused by the breach of contract. Despite finding that a breach occurred, the court held that the motion for summary judgment was nevertheless premature, "as it has yet to be determined that [the subcontractor's] failure to procure the agreed-upon insurance caused [the contractor] any losses. Such causal relationship would be lacking in the event the declaratory judgment action determines that the insurer was not given timely notice of the claim" (Id.)