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DIAZ v. CITY OF NEW YORK

5 A.D.3d 195 (2004)

772 N.Y.S.2d 811

JULIAN DIAZ, Plaintiff, v. CITY OF NEW YORK et al., Defendants. ARIES PARKING LOT, Third-Party Plaintiff-Appellant, 2-6 MARCY PLACE ASSOCIATES, Third-Party Defendant-Respondent.

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

March 11, 2004.

Insofar as pertinent, the lease required tenant to procure insurance covering the landlord as well as itself for accidents occurring on the adjacent sidewalk. Tenant failed to procure the insurance. The penalty for such breach is liability for all resulting out-of-pocket damages, including landlord's cost of defending tenant's third-party action against it (cf. Inchaustegui v 666 5th Ave. Ltd. Partnership, 96 N.Y.2d 111 [2001]; ...

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