ANDOH v. MILANO


11 A.D.3d 241 (2004)

783 N.Y.S.2d 25

OSBERT ANDOH, Plaintiff, v. VINCENT MILANO et al., Defendants. PENSKE TRUCK LEASING Co., L.P., Third-Party Plaintiff-Respondent, v. POLICE ATHLETIC LEAGUE, INC., et al., Third-Party Defendants-Appellants.

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

October 7, 2004.


The lessee's $1 million policy plainly states that it is primary insurance for any vehicles leased by the named insured, i.e., the lessee, from the additional insured, i.e., the lessor. In contrast, the lessor's policy, which insures the lessor for $1 million and the lessee in the "step-down" amount of $10,000, plainly states that it is to be excess of any other collectible insurance obtained for the lessor's benefit pursuant to a lease agreement. Thus, the plain terms of...

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