240W35, LLC v. 243 W. 34TH St. LLC

2 Citing cases

  1. 201 EB Dev. III LLC v. 205 E. Broadway Hous. Dev. Fund Corp.

    2021 N.Y. Slip Op. 31871 (N.Y. Sup. Ct. 2021)

    Since respondent should not have to bear any costs resulting from the granting of access to its property under principles of equity (Van Dorn Holdings, LLC v 152 W 58th Owners Corp., 149 AD3d 518, 519 [1st Dept 2917]), petitioner, as a condition precedent to commencing the next phase of its project, will be directed to obtain the insurance it indicates it is willing to procure naming respondent as an additional insured and will be directed to sign an indemnification agreement. Nothing in this determination will "preclude respondent from seeking additional relief as future circumstances require" (240 w35 v 243 W. 34th St. LLC, 2021 NY Slip Op 2974, 2021 NY App Div LEXIS 3105 [1st Dept May 11, 2021]; Tsoumpas 1105 Lexington Equities, LLC v 1109 Lexington Ave., LLC, 189 AD3d 524, 525 [1st Dept 2020]). Accordingly, respondent's application that petitioner post a bond will be denied and petitioner will be directed to procure insurance naming respondent as an additional insured and petitioner will further be directed to sign an agreement to indemnify respondent.

  2. 201 EB Development III LLC v. 205 East Broadway Housing Development Fund Corp.

    No. 2021-31871 (N.Y. Sup. Ct. Jun. 3, 2021)

    Since respondent should not have to bear any costs resulting from the granting of access to its property under principles of equity (Van Dorn Holdings, LLC v 152 W58th Owners Corp., 149 A.D.3d 518, 519 [1st Dept 2917]), petitioner, as a condition precedent to commencing the next phase of its project, will be directed to obtain the insurance it indicates it is willing to procure naming respondent as an additional insured and will be directed to sign an indemnification agreement. Nothing in this determination will "preclude respondent from seeking additional relief as future circumstances require" (240 w35 v 243 W. 34th St. LLC, 2021 NY Slip Op 2974, 2021 NY A.D. LEXIS 3105 [1st Dept May 11, 2021]; Tsoumpas 1105 Lexington Equities, LLC v 1109 Lexington Ave., LLC, 189 A.D.3d 524, 525 [1st Dept 2020]). Accordingly, respondent's application that petitioner post a bond will be denied and petitioner will be directed to procure insurance naming respondent as an additional insured and petitioner will further be directed to sign an agreement to indemnify respondent.