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XL SPECIALTY INSURANCE CO. v. CHRISTIE'S FINE ART STORAGE SERVICES, INC.

16283, 159926/13.

137 A.D.3d 563 (2016)

27 N.Y.S.3d 528

2016 NY Slip Op 01901

XL SPECIALTY INSURANCE CO., as Subrogee of Chowaiki & Co., Fine Art Ltd., Appellant, v. CHRISTIE'S FINE ART STORAGE SERVICES, INC., Respondent.

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

Decided March 17, 2016.

Plaintiff is the insurer for Chowaiki & Co. Fine Art Ltd., a private fine art gallery. In February 2011, Chowaiki entered into a one-year managed storage agreement with defendant, Christie's Fine Art Storage Services, Inc., wherein defendant was to provide secure storage for certain of Chowaiki's fine art works at its facility in the Red Hook section of Brooklyn.

Pursuant to the terms of the agreement, Chowaiki had the option to either (a) have defendant "accept...

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