Inchaustegui v.

666 5TH AVENUE LIMITED PARTNERSHIP 749 N.E.2d 196 (2001)

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Nature of the Case

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Facts

Inchaustegui (P) suffered personal injuries on the premises and sued 666 5^th Ave (D) for those injuries. The commercial sub-tenant, Petrofin, was required to maintain insurance as part of the subleased premises with the sublessor and the landlord as additional insureds. The sub-tenant obtained insurance but failed to name 666 5^th Ave (D) as an additional insured under the policy. D brought a third-party claim against the sub-tenant, Petrofin, for a violation of the lease’s insurance provisions. The landlord moved for summary judgment for indemnity and money damages. The lower court granted the motion but limited damages to the cost of maintaining and securing an independent insurance policy. The landlord wanted the full recovery against the subtenant for any liability imposed to the plaintiff. This appeal resulted.