BLISS WORLD LLC v. 10 W. 57TH ST. REALTY LLC

Index No. 657007/17. Appeal No. 12830-12830A. Case No. 2019-4404.

190 A.D.3d 475 (2021)

135 N.Y.S.3d 821

2021 NY Slip Op 00106

Bliss World LLC, Respondent, v. 10 West 57th Street Realty LLC, Appellant.

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

Decided January 12, 2021.


Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Norman Flitt of counsel), for appellant.

Bryan Cave Leighton Paisner LLP, New York ( Steven M. Stimell of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.


The court correctly determined that plaintiff tenant did not violate the commercial lease's requirement that it obtain adequate insurance coverage (see generally Federated Retail Holdings, Inc. v Weatherly 39th St., LLC, 77 A.D.3d 573 [1st Dept 2010]). The lease explicitly provided that plaintiff's insurance obligations could be satisfied under an umbrella insurance policy, and nothing in the lease prohibited aggregate caps on the...

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