Vbh Luxury, Incorporated v. 940 Madison Associates LLC

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the judgment of Supreme Court reinstated, and the certified question answered in the negative.

Third-party plaintiff landlord 940 Madison Associates LLC is an additional insured under a commercial general liability policy issued by third-party defendant Excelsior Insurance Company to plaintiff tenant VBH Luxury, Inc. “only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to [tenant].” Although landlord would be entitled to a defense in…