ZKZ Assoc. LP v. CNA Ins. Co

In ZKZ Assoc. LP v. CNA Ins. Co., (89 NY2d 990 [1997]) the management agreement between the named insured and the additional insured stated that the named insured was "responsible for operating and managing a parking facility." In ZKZ, the personal injury plaintiff was injured while traversing the sidewalk abutting the garage. Plaintiff sought to hold both owner and lessee responsible due to the defect in that part of the sidewalk used by vehicles to enter the garage. The Court of Appeals affirmed the Appellate Division First Department's finding that the additional insured was entitled to a defense and indemnification where "the special use of the sidewalk for that purpose is inextricable, indivisible part of the use of the garage and any liability arising from such use clearly comes within the additional insured's coverage." (ZKZ Associates LP v. CNA Ins. Co., 224 AD2d 174 [1st Dept 1996] affirmed 89 NY2d 990 [1997]).