Appellate Division of the Supreme Court of the State of New York October 28, 2010 (Federated Retail Holdings, Inc. v. Weatherly 39th Street, LLC)

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered April 3, 2009, which, inter alia, denied defendant landlord’s motion for partial summary judgment on its first through sixth counterclaims on the issue of whether plaintiff tenant breached the subject lease by failing to purchase proper insurance naming landlord as an additional insured, without a self-insured retention, as