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FEDERATED RETAIL HOLDINGS, INC. v. WEATHERLEY 39TH STREET, LLC

Nos. 7636, 604104/06-1859.

95 A.D.3d 605 (2012)

943 N.Y.S.2d 881

2012 NY Slip Op 3763

FEDERATED RETAIL HOLDINGS, INC., et al., Respondents, v. WEATHERLEY 39TH STREET, LLC, Appellant.

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

Decided May 15, 2012.

The primary issue on this appeal is whether tenant was able to cure a lease default caused by the presence of a self-insured retention in the excess/umbrella insurance policies obtained for the benefit of landlord. Landlord makes vague, ultimately irrelevant, policy arguments and cites to an opinion of the New York State Insurance Department which is not binding on any court (see Goll v New York State Bar Assn.,

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