Opinion
February 6, 1996
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
Construing the lease as a whole ( see, J.P. Realty Trust v Public Serv. Mut. Ins. Co., 102 A.D.2d 68, 71, affd 64 N.Y.2d 945), it cannot be said as a matter of law that the leased premises did not include the alleged location of the accident at issue in the underlying tort action ( cf., General Acc. Fire Life Assur. Corp. v. Travelers Ins. Co., 162 A.D.2d 130, 131). The lease therefore does not "definitively dispose of the claim" ( Demas v. 325 W. End Ave. Corp., 127 A.D.2d 476, 477).
We have considered defendant-appellant's remaining argument, and find it to be without merit.
Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.