Admiral Insurance v. Marriott International, Inc.

Tom, J.P., and Román, J.,

concur in a separate memorandum by Tom, J.E, as follows: In this action arising out of a lease between nonparty 554-556 Third Avenue, LLC (landlord) and defendant Execustay Corp., plaintiffs seek a declaration that defendants are obligated to defend and indemnify plaintiff Townhouse Management Co., as landlord’s managing agent, in connection with an underlying personal injury action. The underlying action has been settled by Townhouse and the settlement sum paid by plaintiff Admiral Insurance Co., which appears as subrogee. The parties dispute whether the lease and…