Donato Realty, LLC v. Utica First Insurance Co.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about July 15, 2016, which granted plaintiffs’ motion for summary judgment declaring that defendant is obligated to defend and indemnify plaintiff Donato Realty, LLC in the underlying personal injury action, and denied defendant’s cross motion for summary judgment declaring that it is not so obligated, unanimously affirmed, with costs.

The lease agreement between plaintiff Donato’s managing agent and the tenant required the tenant to maintain insurance for itself and Donato against “any liability arising out of the…