Royal Insurance v. 342 Madison Avenue Associates

Order of the Supreme Court, New York County (Angela Mazzarelli, J.), entered April 20, 1994, denying defendant 342 Madison Avenue’s motion for summary judgment, is unanimously reversed, on the law, the motion granted, and the complaint dismissed, with costs and disbursements payable to defendant. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint, with costs.

Plaintiff insurer’s subrogor Chipp of New York leased space in a building from defendant. The lease between the parties required Chipp to obtain insurance for the premises covering defendant…