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TAG 380 v. COMMET 380, INC.

10 N.Y.3d 507 (2008)

890 N.E.2d 195

860 N.Y.S.2d 433

TAG 380, LLC, Respondent, v. COMMET 380, INC., Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Seward & Kissel LLP, New York City (Bruce G. Paulsen, Jeffrey M. Dine and Benay L. Josselson of counsel), for appellant.

Rosenberg & Estis, P.C., New York City (Warren A. Estis and Michael E. Feinstein of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine whether a long-term ground tenant breached its lease by obtaining insurance coverage expressly excluding "terrorism" where the lease required that the tenant maintain insurance coverage against loss or damage by fire and other named perils included under the terms of the New York Standard Fire Insurance Policy and Extended Coverage Endorsement...

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