Inchaustegui v. 666 5th Avenue Limited Partnership
Supreme Court of New York, Appellate Division
268 A.D.2d 121 (2000)
666 5th Avenue Limited Partnership (landlord) (defendant) leased a commercial building to a tenant. That tenant issued a sublease to a subtenant, Petrofin (defendant). Under the terms of the sublease, Petrofin was required to obtain comprehensive liability insurance for the property and to name the tenant and the landlord as additional insured. Petrofin obtained an insurance policy, but failed to name the landlord as an additional insured. Upon learning of Petrofin’s failure to do so, the landlord obtained its own comprehensive liability insurance policy. Inchaustegui (plaintiff) was injured while on the premises of the commercial building. Inchaustegui brought suit in New York state court against the landlord. The landlord brought a third party claim against Petrofin alleging breach of contract because Petrofin violated the insurance requirement in the sublease. The landlord sought damages and indemnity. The trial court limited the landlord’s damages to the cost of maintaining and securing an independent insurance policy. The landlord appealed.
Rule of Law
Holding and Reasoning (Saxe, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 169,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.