In ZKZ Associates v. CNA Insurance Co. (89 NY2d 990, 679 N.E.2d 629, 657 N.Y.S.2d 390 ), the Court of Appeals, in reviewing a trip and fall accident which occurred on the sidewalk in front to a garage, which was leased to a tenant having insurance adding the owner as an additional insured, found that the sidewalk was part of the insured premises "by implication" because that part of the sidewalk was "necessarily used for access in and out of the garage ... ." (Id. at 991.)
Consequently, the claim was found to have arisen out of the "ownership, maintenance (or) use" of the premises, and so, was covered by the policy. Id.