Veneski v. City of New York

Full title: PAUL VENESKI, Plaintiff, v. CITY OF NEW YORK, Defendant, METRO-NORTH…

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

Date published: May 25, 1999

261 A.D.2d 292 (N.Y. App. Div. 1999)

691 N.Y.S.2d 399

Opinion

May 25, 1999

Appeal from the order, Supreme Court, New York County (Sheila Abdus-Salaam, J.).

In this personal injury action, the motion court properly found that defendant-appellant Record Town, Inc. had breached its conceded contractual obligation to procure liability insurance naming defendant-respondent landlords as additional insureds ( see, Kinney v. Lisk Co., 76 N.Y.2d 215, 219; Morel v. City of New York, 192 A.D.2d 428), and since the allegations of plaintiff's complaint against the landlord defendants fall within the coverage defendant lessee was contractually bound to purchase on the landlords' behalf, the motion court also properly found that defendant lessee was obligated to provide defendant landlords with a defense and pay the costs thereof ( see, Morel v. City of New York, supra, at 429).

Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.