In Inchaustegui v. 666 5th Ave. Ltd. Partnership (96 NY2d 111 [2001]), the Court of Appeals limited a landlord's recovery in a tenant's failure to procure such insurance to the purchase cost of its own liability insurance. The landlord was additionally entitled to recover certain out-of-pocket expenses that arose out of the action and was not covered under its own liability insurance policy. The First Department has also applied such limitations in construction cases. See Wong v. New York Times Co., 297 AD2d 544 (1st Dept 2002); see also Trokie v. York Preparatory School, Inc., 284 AD2d 129 (1st Dept 2001).