Opinion
March 23, 1998
Appeal from the Supreme Court, Richmond County (Cusick, J.).
Ordered that the cross appeal by the plaintiff is dismissed, as she is not aggrieved by that portion of the order cross-appealed from (see, CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the third-party defendants Bart Peloro, Carl Anderson, and University Medical Internists, and the second third-party defendant Allstate Insurance Company, appearing separately and filing separate briefs, are awarded one bill of costs payable by the defendant 2025 Richmond Avenue Associates.
The insurance purchased by the third-party defendants Bart Peloro, Carl Anderson, and University Medical Internists (hereinafter the tenants), for the benefit of the defendant 2025 Richmond Avenue Associates (hereinafter the landlord), was sufficient under the terms of the lease. Accordingly, the Supreme Court properly granted those branches of the tenants' respective motions which were for summary judgment dismissing the landlord's cause of action to recover damages for breach of contract to procure insurance.
Since the lease does not require the tenants to hold the landlord harmless for the landlord's own negligence, the Supreme Court properly granted those branches of the tenants' respective motions which were for summary judgment dismissing the landlord's cause of action to recover damages for contractual indemnification.
The landlord's remaining contentions are without merit.
Copertino, J. P., Altman, Florio and Luciano, JJ., concur.