In Alexandra Restaurant v. New Hampshire Ins. Co. (1947) 272 A.D. 346 [71 N.Y.S.2d 515], the insured's landlord repaired the insured's damaged property pursuant to the lease, and the New York court concluded that the insurer could not avoid payment for the damage under the policy, citing Foley. (Alexandra Restaurant v. New Hampshire Ins. Co., supra, 272 A.D. 346 [71 N.Y.S.2d at pp. 518-522].)