Diaz v. City of New York

Appellate Division of the Supreme Court of New York

Diaz v. City of New York

5 A.D.3d 195, 772 N.Y.S.2d 811, 2004 N.Y. App. Div. LEXIS 2586

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 2004

StatusPublished

Cited by1 cases

This text of 5 A.D.3d 195 (Diaz v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diaz v. City of New York, 5 A.D.3d 195, 772 N.Y.S.2d 811, 2004 N.Y. App. Div. LEXIS 2586 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about January 31, 2003, which, in an action for personal injuries sustained on the sidewalk adjacent to premises occupied by defendant and third-party plaintiff commercial tenant, granted third-party defendant landlord’s motion for summary judgment dismissing the third-party complaint, and for summary judgment on its counterclaim to recover its litigation costs incurred in defending the third-party action, unanimously affirmed, without costs.

Insofar as pertinent, the lease required tenant to procure insurance covering the landlord as well as itself for accidents occurring on the adjacent sidewalk. Tenant failed to procure the insurance. The penalty for such breach is liability for all resulting out-of-pocket damages, including landlord’s cost of defending tenant’s third-party action against it (cf. Inchaustegui v 666 5th Ave. Ltd. Partnership, 96 NY2d 111 [2001]; Kinney v G.W. Lisk Co., 76 NY2d 215, 219 [1990]; Morel v City of New York, 192 AD2d 428 [1993]).

[196]*196We have considered tenant’s other arguments and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

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Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about January 31, 2003, which, in an action for personal injuries sustained on the sidewalk adjacent to premises occupied by defendant and third-party plaintiff commercial tenant, granted third-party defendant landlord’s motion for summary judgment dismissing the third-party complaint, and for summary judgment on its counterclaim to recover its litigation costs incurred in defending the third-party action, unanimously affirmed, without costs.

Insofar as pertinent, the lease required tenant to procure insurance covering the landlord as well as itself for accidents occurring on the adjacent sidewalk. Tenant failed to procure the insurance. The penalty for such breach is liability for all resulting out-of-pocket damages, including landlord’s cost of defending tenant’s third-party action against it (cf. Inchaustegui v 666 5th Ave. Ltd. Partnership, 96 NY2d 111 [2001]; Kinney v G.W. Lisk Co., 76 NY2d 215, 219 [1990]; Morel v City of New York, 192 AD2d 428 [1993]).

[196]*196We have considered tenant’s other arguments and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

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Bluebook (online)

5 A.D.3d 195, 772 N.Y.S.2d 811, 2004 N.Y. App. Div. LEXIS 2586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-city-of-new-york-nyappdiv-2004.

Opinion

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