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INCHAUSTEGUI v. 666 5TH AVE.

268 A.D.2d 121 (2000)

706 N.Y.S.2d 396

ROSARIO INCHAUSTEGUI, Plaintiff, v. 666 5TH AVENUE LIMITED PARTNERSHIP et al., Defendants and Third-Party Plaintiffs-Appellants. PETROFIN CORPORATION, Third-Party Defendant-Respondent.

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

April 13, 2000.

Attorney(s) appearing for the Case

Larry H. Lum of counsel (Wilson, Elser, Moskowitz, Edelman & Dicker, L. L. P., attorneys), for third-party plaintiffs-appellants.

Robin Mary Heaney of counsel (Law Offices of Gregory J. Parisi, attorneys), for third-party defendant-respondent.

OPINION OF THE COURT

SAXE, J.

This appeal asks us to consider what relief is available to a landlord when its tenant breaches a lease provision requiring the procurement of liability insurance covering the landlord for claims related to injuries occurring on the premises, and the landlord itself obtains its own insurance policy covering the contemplated risks. We conclude that in one respect, the settled law too narrowly circumscribes the available relief...

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