Inchaustegui v. 666 5th Avenue Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal asks us to consider what relief is available to a landlord when its tenant breaches a lease provision requiring the procurement of liability insurance covering the landlord for claims related to injuries occurring on the premises, and the landlord itself obtains its own insurance policy covering the contemplated risks. We conclude that in one respect, the settled law too narrowly circumscribes the available relief, so we identify additional forms of possible damages.
This matter arises out of an underlying incident that occurred on December 7, 1995, when…
2Cases cited13 opinions
- Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
- Roble v. Corning Community CollegeAppellate Division of the Supreme Court of the State of New York · 1987
- Morel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Gusikoff v. Republic Storage Co.Appellate Division of the Supreme Court of the State of New York · 1934
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3Cited by6 opinions
- Inchaustegui v. 666 5th Avenue Ltd. PartnershipNew York Court of Appeals · 2001
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- Cucinotta v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- O'Toole v. Northrop Grumman Corp.Court of Appeals for the Tenth Circuit · 2002
- Meier v. Chesapeake Operating L.L.C.District Court, W.D. Oklahoma · 2018
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