71 LAFAYETTE AVE. LLC v. NEW YORK MAR. & GEN. INS. CO.

Index No. 150252/19. Appeal No. 14714. Case No. 2021-01892.

199 A.D.3d 603 (2021)

154 N.Y.S.3d 759

2021 NY Slip Op 06648

71 Lafayette Avenue LLC et al., Respondents, v. New York Marine and General Insurance Company et al., Appellants.

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

Decided November 30, 2021.


Attorney(s) appearing for the Case

Fleischner Potash LLP, New York ( Alexandra E. Rigney of counsel), for appellants.

Rivkin Radler LLP, Uniondale ( Joanne M. Engeldrum of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.


Plaintiffs established prima facie that defendant has a duty to indemnify Lafayette as an additional insured in the underlying action. The underlying personal injury action alleges that the plaintiff was injured when he fell through a cellar door which was used by the tenant at the leased premises. The additional insured provision provides plaintiff landlord Lafayette coverage for claims of bodily injury "arising out of the ownership, maintenance or use of that part of the...

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