Legal Opinion

TAG 380 v. ComMet 380, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 2007PublishedCited by 4 opinions

1Opinion of the Court

*3OPINION OF THE COURT

Tom, J.P.

Plaintiff TAG 380, LLC (tenant) seeks a declaration of its rights and obligations as assignee of a 1989 ground lease to the premises known as 380 Madison Avenue in New York County. Defendant ComMet 380, Inc. (landlord), a real estate investment trust, currently owns the property, and nonparty RREEF America LLC, a national real estate asset management company, is ComMet’s asset manager for the building. Specifically, the parties dispute the extent of tenant’s duty under the terms of the lease to obtain insurance coverage for the premises, particularly for damage…

2Cases cited9 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  3. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  4. Canstar v. J.A. Jones Construction Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. McMahan & Co. v. BassAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by4 opinions

  1. Deer Park Enterprises, LLC v. Ail Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Imtanios v. Goldman SachsAppellate Division of the Supreme Court of the State of New York · 2007
  3. Grazioli v. Encompass InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Tag 380, LLC v. Commet 380, Inc.New York Court of Appeals · 2008

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