MOSKOWITZ v. CIGNA PROP. & CAS. CO.


226 A.D.2d 179 (1996)

640 N.Y.S.2d 533

Irving Moskowitz, Individually and Doing Business as Middle Island Center, et al., Appellants, v. Cigna Property and Casualty Company et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1996


Since the bank's drive-through window was a permissible "operation" under the lease, and since drive-through customers must utilize driving space outside the bank building itself when approaching the window, an accident "arising out of" the "use" of that outside space would be covered by the insurance policy naming plaintiff-landlord as an additional insured. However, the record does not indicate how far the site of the accident was from the drive-through window or where...

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