VBH Luxury, Inc. v. 940 Madison Associates LLC

Judgment (denominated an order), Supreme Court, New York County (Debra A. James, J), entered August 24, 2010, declaring that third-party plaintiffs claims are excluded from coverage under the policy issued by third-party defendant Excelsior Insurance Company, unanimously reversed, on the law, without costs, the declaration vacated, and it is declared that third-party plaintiffs claims are not excluded from coverage under the policy.

The. parties agree that by its terms the policy’s contractual liability exclusion does not apply to “insured contracts,” which include leases, and that, since the…