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DONATO REALTY, LLC v. UTICA FIRST INS. CO.

2689, 152419/12.

146 A.D.3d 481 (2017)

2017 NY Slip Op 00112

45 N.Y.S.3d 54

DONATO REALTY, LLC, et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant.

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

Decided January 10, 2017.

The lease agreement between plaintiff Donato's managing agent and the tenant required the tenant to maintain insurance for itself and Donato against "any liability arising out of the ownership, use, occupancy or maintenance of the demised premises and all areas appurtenant thereto," which includes the sidewalk (see Tower Ins. Co. of N.Y. v Leading Ins. Group Ins. Co., Ltd., 134 A.D.3d 510 [1st Dept 2015]).

Defendant argues...

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