Opinion
July 11, 1991
Appeal from the Supreme Court, New York County (William J. Davis, J.).
Pursuant to Article 9 of the lease and Article 43 of the rider, defendant-landlord is responsible for any structural repairs necessitated by the fire. The court's reliance upon the damage report prepared for plaintiff's insurer was misplaced since such report, by the terms of plaintiff's fire insurance policy, was limited to personal property losses. There exist questions of fact as to whether there was any structural damage to the premises.
Concur — Rosenberger, J.P., Ellerin, Kupferman and Smith, JJ.