From Casetext: Smarter Legal Research

Axelrod v. Maryland Casualty Company

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 336 (N.Y. App. Div. 1994)

Opinion

November 22, 1994

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


Plaintiff landlord/lessor, among others, was sued by an employee of its fourth floor commercial tenant. Under the terms of the lease with the fourth floor tenant, the tenant was obligated to obtain a comprehensive policy of liability insurance protecting "Landlord and Tenant against any liability whatsoever occasioned by accident on or about the demised premises or any appurtenances thereto". The demised premises were clearly and unambiguously listed in the policy as being "29 East 19th Street, 4th Floor". The policy, however, failed to list the landlord as an additional insured as of the time of the complained incident. The alleged injury to the commercial tenant's employee occurred when he walked through the freight elevator door opening on the first floor and fell down the elevator shaft. Under the terms of the policy, the subject injury did not occur on the demised premises nor on any appurtenance thereto. Consequently, the issuer had no duty to defend and indemnify plaintiff-landlord even if the policy were reformed to include plaintiff-landlord as an additional insured as of the date of the alleged injury.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Kupferman and Williams, JJ.


Summaries of

Axelrod v. Maryland Casualty Company

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 336 (N.Y. App. Div. 1994)
Case details for

Axelrod v. Maryland Casualty Company

Case Details

Full title:HARVEY AXELROD et al., Appellants, v. MARYLAND CASUALTY COMPANY, INC.…

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

Date published: Nov 22, 1994

Citations

209 A.D.2d 336 (N.Y. App. Div. 1994)
619 N.Y.S.2d 10

Citing Cases

Wesco Ins. Co. v. Travelers Prop. Cas. Co. of Am.

Second, the lease expressly provides that no part of the sidewalk was part of the leased premises, licensed…

Seneca Ins. Co. v. Cimran Co.

“Coverage cannot be afforded on liability for which insurance was not purchased” ( Holman v. Transamerica…