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KASSIS v. OHIO CAS. INS. CO.

12 N.Y.3d 595 (2009)

JOSEPH KASSIS et al., Appellants, v. THE OHIO CASUALTY INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided June 25, 2009.

Attorney(s) appearing for the Case

Green & Seifter, PLLC, Syracuse (Lawrence M. Ordway Jr., John L. Valentino and Cecelia R. Cannon of counsel), for appellants.

Damon & Morey LLP, Buffalo (Vincent G. Saccomando of counsel), for respondent.

Siller Wilk LLP, New York City (M. William Scherer of counsel), for Siller Wilk LLP, amicus curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We are asked to determine whether a landlord is an additional insured under an insurance policy obtained by his tenant such that the insurer is obligated to defend and indemnify the landlord in an underlying personal injury lawsuit. Joseph Kassis (Kassis) leased property in Syracuse, New York to Kassis Superior Sign Co., Inc. (Superior Sign), and Superior Sign obtained a commercial general liability insurance policy...

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