New York Court of Appeals

Rosario Inchaustegui, Plaintiff v. 666 5th Avenue Limited Partnership, Defendants and Third-Party…

April 26, 200196 N.Y.2d 111

Summary

The New York Court of Appeals affirmed the Appellate Division's award of only the landlord's out-of-pocket costs incurred because the tenant failed to name the landlord as an additional insured, holding that the common-law collateral source rule does not apply to contract damages.