Uploaded March 2025 | Updated September 2026, 2 weeks ago
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Inchaustegui v. 666 5th Avenue Limited Partnership
Supreme Court of New York, Appellate Division
268 A.D.2d 121, 706 N.Y.S.2d 396, 725 N.Y.S.2d 627 (2001)
A landlord might require tenants to maintain insurance, protecting the landlord from liability to third parties injured on leased premises.
We explore the repercussions of a tenant's failure to comply in Inchaustegui versus six six six Fifth Avenue Limited Partnership.
Petrofin Corporation subleased office space from landlord six six six Fifth Avenue Limited Partnership.
The lease included an insurance procurement provision requiring Petrofin to maintain general liability insurance listing the landlord as an insured party. Petrofin purchased insurance, but didn't list the landlord.
The landlord learned this and obtained its own insurance.
Rosario Inchaustegui was injured while in Petrofin's leased space.
He sued the landlord. The landlord filed a third party claim against Petrofin, arguing Petrofin breached the lease.
The landlord wanted Petrofin to indemnify, meaning reimburse the landlord for any damages paid to Inchaustegui and to pay the costs of defending the lawsuit.
The trial court granted summary judgment in the landlord's favor, but limited damages to the cost of the landlord's insurance policy.
The landlord appealed to the appellate division.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Inchaustegui v. 666 5th Avenue Limited Partnership
Supreme Court of New York, Appellate Division
268 A.D.2d 121, 706 N.Y.S.2d 396, 725 N.Y.S.2d 627 (2001)
A landlord might require tenants to maintain insurance, protecting the landlord from liability to third parties injured on leased premises.
We explore the repercussions of a tenant's failure to comply in Inchaustegui versus six six six Fifth Avenue Limited Partnership.
Petrofin Corporation subleased office space from landlord six six six Fifth Avenue Limited Partnership.
The lease included an insurance procurement provision requiring Petrofin to maintain general liability insurance listing the landlord as an insured party. Petrofin purchased insurance, but didn't list the landlord.
The landlord learned this and obtained its own insurance.
Rosario Inchaustegui was injured while in Petrofin's leased space.
He sued the landlord. The landlord filed a third party claim against Petrofin, arguing Petrofin breached the lease.
The landlord wanted Petrofin to indemnify, meaning reimburse the landlord for any damages paid to Inchaustegui and to pay the costs of defending the lawsuit.
The trial court granted summary judgment in the landlord's favor, but limited damages to the cost of the landlord's insurance policy.
The landlord appealed to the appellate division.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/inchaustegui-v-666-5th-avenue-limited-partnership
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/inchaustegui-v-666-5th-avenue-limited-partnership
Did we just become best friends? Stay connected to Quimbee here:
Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
Quimbee Case Brief App ► quimbee.com/case-briefs-overview
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