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VBH LUXURY, INCORPORATED v. 940 MADISON ASSOCIATES LLC

No. 84 SSM 2.

18 N.Y.3d 899 (2012)

963 N.E.2d 785

940 N.Y.S.2d 208

2012 NY Slip Op 1102

VBH LUXURY, INCORPORATED, Plaintiff, v. 940 MADISON ASSOCIATES LLC, Defendant and Third-Party Plaintiff-Respondent. EXCELSIOR INSURANCE COMPANY, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of New York.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City ( Richard E. Lerner and Judy C. Selmeci of counsel), for third-party appellant.

Baker & Hostetler LLP, New York City ( David Einhorn of counsel), for third-party respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the judgment of Supreme Court reinstated, and the certified question answered in the negative.

Third-party plaintiff landlord 940 Madison Associates LLC is an additional insured under a commercial general liability policy issued by third-party defendant Excelsior Insurance Company to plaintiff tenant VBH Luxury, Inc. "only with respect to liability...

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