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INCHAUSTEGUI v. 666 5TH AVE.

96 N.Y.2d 111 (2001)

749 N.E.2d 196

725 N.Y.S.2d 627

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

Court of Appeals of the State of New York.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, L. L. P., New York City (Curtis B. Gilfillan and Larry H. Lum of counsel), for defendants and third-party plaintiffs-appellants.

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

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

The case before us involves the remedy for a tenant's breach of an agreement to obtain liability insurance for the landlord's benefit.

As occupant of a floor in a Manhattan office building, Petrofin (the tenant) agreed to maintain comprehensive general public liability insurance on the premises and name the landlord as an additional insured.1<...

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