Preview
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
EXHIBIT A
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
A Stock Company
1200 Main Street, Suite 800
Kansas City, MO 64105
(800) 221-2236
COMMERCIAL GENERAL LIABILITY DECLARATIONS
Policy Number 88-G-1000937-00
Renewal of Number New
Named Insured and Mailing Address Producer Name and Mailing Address
Zam Realty Management LLC All Risks, Ltd.
936 Intervale Ave. 10150 York Road, 5th Floor
Bronx, NY 10459 Hunt Valley, MD 21030
POLICY PERIOD From: February 15, 2020 To: February 15, 2021 Term: Annual
12:01 A.M. Standard Time at the address of the Named Insured as stated herein.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE
General Aggregate Limit (Other than Products-Completed Operations)
Products – Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Damage To Premises Rented to You
Medical Expense Limit
Deductible per claim
DESCRIPTION OF BUSINESS AND LOCATION PREMISES
Form of Business: Limited Liability Company
Business Description: Apartment Buildings
Location(s) of All Premise(s) You Own, Rent or Occupy: Per CG 2144
PREMIUM
Rate Advanced Premium
Classification Code No. Premium Basis Pr/Co All Other Pr/Co All Other
Apartment Buildings ----- Units Included Included
378
Buildings or Premises ----- Area (sq ft) Included Included
7,850
Fully Earned Policy Fee
Inspection Fee
Total Advance Premium
25% of the Advanced Premiums are fully earned at policy inception
This declaration together with the coverage form(s) and any applicable endorsements listed in the
attached Forms Inventory, form a part of and complete the above numbered policy. See Forms
Inventory GBR-FI-EXT 08 99
Issue Date: March 06, 2020 ci
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation b. Give you reports on the conditions we find; and
1. The first Named Insured shown in the Declara- c. Recommend changes.
tions may cancel this policy by mailing or deliver- 2. We are not obligated to make any inspections,
ing to us advance written notice of cancellation. surveys, reports or recommendations and any
2. We may cancel this policy by mailing or delivering such actions we do undertake relate only to in-
to the first Named Insured written notice of can- surability and the premiums to be charged. We do
cellation at least: not make safety inspections. We do not under-
a. 10 days before the effective date of cancella- take to perform the duty of any person or organi-
tion if we cancel for nonpayment of premium; zation to provide for the health or safety of work-
or ers or the public. And we do not warrant that con-
ditions:
b. 30 days before the effective date of cancella-
tion if we cancel for any other reason. a. Are safe or healthful; or
3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or
Named Insured's last mailing address known to standards.
us. 3. Paragraphs 1. and 2. of this condition apply not
4. Notice of cancellation will state the effective date only to us, but also to any rating, advisory, rate
of cancellation. The policy period will end on that service or similar organization which makes in-
date. surance inspections, surveys, reports or recom-
mendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply to
cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recommenda-
Named Insured cancels, the refund may be less tions we may make relative to certification, under
than pro rata. The cancellation will be effective state or municipal statutes, ordinances or regula-
even if we have not made or offered a refund. tions, of boilers, pressure vessels or elevators.
6. If notice is mailed, proof of mailing will be suffi- E. Premiums
cient proof of notice. The first Named Insured shown in the Declarations:
B. Changes 1. Is responsible for the payment of all premiums;
This policy contains all the agreements between you and
and us concerning the insurance afforded. The first 2. Will be the payee for any return premiums we
Named Insured shown in the Declarations is author- pay.
ized to make changes in the terms of this policy with F. Transfer Of Your Rights And Duties Under This
our consent. This policy's terms can be amended or Policy
waived only by endorsement issued by us and made
a part of this policy. Your rights and duties under this policy may not be
transferred without our written consent except in the
C. Examination Of Your Books And Records case of death of an individual named insured.
We may examine and audit your books and records If you die, your rights and duties will be transferred to
as they relate to this policy at any time during the pol- your legal representative but only while acting within
icy period and up to three years afterward. the scope of duties as your legal representative. Until
D. Inspections And Surveys your legal representative is appointed, anyone having
1. We have the right to: proper temporary custody of your property will have
your rights and duties but only with respect to that
a. Make inspections and surveys at any time; property.
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy
shall not be valid unless countersigned by our authorized representative.
President Secretary
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
FORMS INVENTORY
Named Insured: Zam Realty Management LLC
Policy Number: 88-G-1000937-00
Effective Date: February 15, 2020
Form Number Edition Date Form Title
IL 0017 11-98 Common Policy Conditions
NAC FI EXT 08-99 Forms Inventory
IL P 001 01-04 U.S. Treasury Departments Office of Foreign Assets Control
GBR 401 10-07 Named Insured Endorsement 0
NAC-SOS-001 07-99 Service of Suit Endorsement
NAC-GB-R200 10-07 Deductible Liability Insurance
NAC-GB-R202 10-07 Premium Payment Endorsement
NAC-GB-R203 10-07 Premium Audit Endorsement
NAC-GB-R257 02-14 Limited Assault & Battery Coverage with Defense inside limits
CG 2018 11-85 AI-Mortgagee Assignee or Receiver
CG 2139 10-93 Contractual Liability Limitation
CG 2144 07-98 Limitation of Coverage to Designated Premises or Project
CG 2504 03-97 Designated Location(s) General Aggregate Limit
IL 0021 07-02 Exclusion-Nuclear Energy Liability Exclusion Endorsement
NAC-GB-R201 10-07 Exclusion-Absolute Asbestos
NAC-GB-R204 10-07 Exclusion-Lead Contamination
NAC-GB-R206 06-04 Exclusion-Contractors Warranty
NAC-GB-R208 10-07 Exclusion-Professional Services
NAC-GB-R212 02-14 Exclusion-Assault & Battery
NAC-GB-R218B 10-07 Exclusion-Punitive Damages
NAC-GB-R225 03-11 Exclusion-Mold
NAC-GB-R227 10-07 Exclusion-Communicable Disease
NAC-GB-R228 06-04 Exclusion Bodily Injury to Independent Contractors
NAC-GB-R245 03-11 Insured VS Insured Exclusion
NAC-GB-R296 08-10 Exclusion-Prior Manifestation
NAC-GB-R411 02-14 Exclusion-Absolute Liquor Liability
NAC-GB-R414 04-16 Exclusion-Cyber Liability
NAC-GB-R417 02-17 Exclusion-Unauthorized Electronic
CG 0067 03-05 Exclusion-Violation of Statutes that Govern E-Mails Fax Phone
NAC-FI-EXT (08/99)
Page 1 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
FORMS INVENTORY
Named Insured: Zam Realty Management LLC
Policy Number: 88-G-1000937-00
Effective Date: February 15, 2020
CG 2135 10-01 Exclusion-Coverage C-Medical Payments
CG 2136 03-05 Exclusion-New Entities
CG 2147 12-07 Employment-Related Practices Exclusion
CG 2149 09-99 Total Pollution Exclusion Endorsement
CG 2153 01-96 Exclusion-Designated On-Going Operations
CG 2196 03-05 Exclusion-Silica or Silica-Related Dust
CG 2173 01-15 Exclusion-Certified Acts of Terrorism
CG 0001 12-07 Commercial General Liability Coverage Form
NAC-FI-EXT (08/99)
Page 2 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
IL P 001 01 04
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL ("OFAC")
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your
policy. You should read your policy and review your Declarations page for complete information on the coverages
you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued
by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential
declarations of "national emergency". OFAC has identified and listed numerous:
Foreign agents;
Front organizations;
Terrorists;
Terrorist organizations; and
Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas-
ury's web site – http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity
claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and
Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all
provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such
a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.
Other limitations on the premiums and payments also apply.
IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
NORTH AMERICAN CAPACITY INSURANCE COMPANY
Policy Number: 88-G1000937-00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
In consideration of the policy premium charged, it is hereby agreed and understood that the Named Insured is
amended to read as follows:
Zam 93RD St. Corp.
Zam 1015 Corp.
273 E. 176th Zam Corp.
Zam 178th St. Corp.
SDM Realty LLC
Zam 936 LLC
Zam Realty Management LLC
And
Any corporation or other business organization other than a joint venture in which the Named Insured shown in
the Declarations, has or acquires during the policy period, an ownership interest of more then fifty percent (50%)
and which is domiciled within the U.S., its territories or possessions, Puerto Rico or Canada.
All other terms and conditions of the policy remain unchanged.
NAC-GB-R401 (10/07) Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
SERVICE OF SUIT ENDORSEMENT
It is understood and agreed that in the event of the failure of the Company to pay any
amount claimed to be due hereunder, the Company, at the request of the Named
Insured, will submit to the jurisdiction of a court of competent jurisdiction within the
United States of America. The foregoing shall not constitute a waiver of the right of the
Company to remove, remand, or transfer such suit to any other court of competent
jurisdiction in accordance with the applicable statutes of the state of United States
pertinent hereto. In any suit instituted against them upon this contract, the Company
will abide by the final decision of such court or of any appellate court in the event of an
appeal.
It is further agreed that service of process in such suit may be made upon the
Superintendent, Commissioner, or Director of Insurance or other person specified for
that purpose in the Statute or his successor or successors in office as their true and
lawful attorney upon whom may be served any lawful process in any action, suit, or
proceeding instituted by or on behalf of the Named Insured or any beneficiary
hereunder arising out of this contract of insurance.
The Company hereby designates the President of North American Capacity Insurance
Company, 1200 Main Street, Suite 800, Kansas City, MO 64105, as the person to who
the said Superintendent, Commissioner, or Director of Insurance is authorized to mail
such process or a true copy thereof, in compliance with the applicable statutes
governing said service of process in the state or jurisdiction in which a cause of action
under this contract of insurance arises.
(This attaching clause needs to be completed only when this endorsement is issued
subsequent to preparation of the Policy.)
This endorsement, effective forms are part of policy number
88-G-1000937-00 Issued to by NORTH AMERICAN CAPACITY INSURANCE
COMPANY.
All other terms and conditions of this policy remain unchanged.
NAC-SOS-001 (07/99)
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
NORTH AMERICAN CAPACITY INSURANCE COMPANY
Policy Number: 88-G1000937-00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE LIABILITY INSURANCE
(Including Costs and Expenses)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Coverage Amount of Deductible
Bodily Injury Liability (including Costs and Expenses)
Property Damage Liability (including Costs and Expenses)
Personal and Advertising Injury Liability (including Costs and expenses)
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Application of Endorsement (Enter below any limitations on the application of this endorsement. If no limitation
is entered, the deductibles apply to damages for all “bodily injury”, “property damage”, “personal injury” and
“advertising injury”, however caused):
1. Our obligation under the Bodily Injury Liability, Property Damages Liability, Personal Injury Coverages to
pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts
stated in the schedule as applicable to such coverages, and the limits of insurance applicable to “each
occurrence” for such coverages will be reduced by the amount of such deductible. “Aggregate” limits for
such coverages shall not be reduced by the application of such deductible.
2. The deductible amount applies:
a. Under the Bodily Injury Liability, to all damages because of “bodily injury” sustained by one person;
b. Under the Property Damage Liability, to all damages because of “property damage” sustained by one
person or organization; or
c. Under the Personal Injury or Advertising Injury Liability, to all damages because of “personal injury” or
“advertising injury” sustained by one person or organization,
as a result of any one “occurrence”.
NAC-GB-R200 (10/07) Page 1 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
NORTH AMERICAN CAPACITY INSURANCE COMPANY
3. The deductible amount shown in the Schedule applies toward investigation, adjustment and legal expenses
incurred in the handling and investigation of each claim, whether or not payment is made to claimant,
compromise settlement is reached or claim is denied.
4. The terms of this insurance, including those with respect to:
a. Our right and duty to defend “suits” seeking those damages; and
b. Your duties in the event of an “occurrence”, claim or suit,
apply irrespective of the application of the deductible amount.
5. We may at our sole election and option, either:
a. Pay any part or all of the deductible amount to effect settlement of any claim or suit and upon
notification of the action taken, you shall promptly reimburse us to such part of the deductible amount
as has been paid by us; or
b. Upon our receipt of notice of any claim or at any time thereafter, request you to pay over and deposit
with us all or any part of the deductible amount, to be held and applied per the terms of this policy.
All other terms and conditions of the policy remain unchanged.
NAC-GB-R200 (10/07) Page 2 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
Policy Number: 88-G-1000937-00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PREMIUM PAYMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Apartment Buildings - This premium will be adjustable at expiration at a rate of per 1 of Units,
subject to a minimum annual premium of
Buildings or Premises - This premium will be adjustable at expiration at a rate of per of
Area (sq ft), subject to a minimum annual premium of .
All other terms and conditions of the policy remain unchanged.
NAC-GB-R202 (10/07) Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
Policy Number: 88-G-1000937-00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PREMIUM AUDIT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Paragraph 5. Premium Audit of the policy conditions is deleted and replaced by the following:
5. Premium Audit
All premiums for this policy shall be computed in accordance with the Company’s rules, rates, rating plans,
premiums and minimum premiums applicable to the Insurance afforded herein.
Premium shown in this coverage part as “advance premium” is a deposit premium only which shall be
credited to the amount of the earned premium due at the end of the policy period. At the close of each
period (or part thereof terminating with the end of the policy period), designated in the policy as the audit
period, the earned premium shall be computed for such period and, upon notice thereof, to the Named
Insured, shall become due and payable. Should it become necessary to institute collection activities,
including litigation, in order to collect the additional earned premium, then the Insured shall be responsible
to 100% of the expense, fees and costs incurred by the Company in that regard plus any collectible interest.
If the total computed earned premium for the policy period is less than the premium previously paid, then
the Company shall receive and retain no less than the minimum annual premium(s) listed in the Premium
Payment Endorsement attached hereto.
The Named Insured shall maintain records of such information as is necessary for premium computation,
and shall send copies of such records to the Company at the end of the policy period and at such times
during the policy period as the Company may direct.
All other terms and conditions of the policy remain unchanged.
NAC-GB-R203 (10/07) Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
NORTH AMERICAN CAPACITY INSURANCE COMPANY
Policy Number: 88-G1000937-00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ASSAULT & BATTERY COVERAGE
With Defense Inside Limits
This endorsement modifies your policy under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
In consideration of the additional premium paid, we agree to afford coverage as stated below:
A. The specific coverage excluded under NAC-GB-R212 (02/14) is reinstated subject to the following terms,
conditions and the limits of insurance stated below.
1. We will pay no more than the applicable limit set forth below for sums that the insured becomes
legally obligated to pay as damages because of "bodily injury" or "property damage" for coverage
excluded under NAC-GB-R212 (02/14). Defense fees and costs are also paid from and reduce the
applicable limit set forth below. The applicable limit in this form is the most we will pay regardless of:
i. The amount of the defense costs and fees;
ii. The amount of any demand for indemnity;
iii. The number of insureds;
iv. The number of claims or "suits" brought against you, or
v. The limits stated in the Declarations.
2. Our duty to investigate, defend and indemnify you will end when we have used up the applicable limit
of insurance set forth below by payment of costs, fees, expenses, or indemnity.
3. When the applicable limit shown below exhausts from the payment of any claim, judgment,
settlement, and/or defense costs and fees, you agree to take over the further handling of the claim or
suit and to assume payment for all further costs and expenses incurred, including attorney fees, from
the date of the payment that exhausts the policy limit until the claim, demand or suit is resolved.
4. We will have no duty to defend or indemnify you or otherwise resolve any claim(s) or "suit"(s)
pending against you after exhaustion of the applicable limit. In this event, you agree to timely
stipulate to any motion or application necessary for the withdrawal of insurer-appointed counsel.
B. Limits:
Commercial General Liability
Assault & Battery Each "Occurrence"
Liquor Liability
Assault & Battery Each "Common Cause"
"Combined Assault & Battery Aggregate"
NAC-GB-R257 (02/14) Page 1 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
NORTH AMERICAN CAPACITY INSURANCE COMPANY
The limits above are not in addition to the limits stated in the Declarations. However, all payments made
pursuant to coverage extended under this endorsement will also reduce the applicable Limit of Insurance
shown in the Declarations.
The "Combined Assault & Battery Aggregate Limit" is the most we will pay for coverage under this
endorsement regardless of the number of claims or "suits" brought against you arising out of more than
one "occurrence" and/or "common cause."
"Common Cause" means any claim, demand, or "suit" for injuries sustained by one or more persons as a
result of the providing of alcoholic beverages.
All other terms, conditions, exclusions, limitations and definitions of this policy remain in full force and
unchanged.
NAC-GB-R257 (02/14) Page 2 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
POLICY NUMBER: 88-G-1000937-00 COMMERCIAL GENERAL LIABILITY
CG 20 18 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED –
MORTGAGEE, ASSIGNEE OR RECEIVER
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Person(s) Or Organization(s) Designation Of Premises
All entities as required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to C. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III – Limits Of Insurance:
with respect to their liability as mortgagee, If coverage provided to the additional insured is
assignee, or receiver and arising out of the required by a contract or agreement, the most we
ownership, maintenance, or use of the premises will pay on behalf of the additional insured is the
by you and shown in the Schedule. amount of insurance:
However: 1. Required by the contract or agreement; or
1. The insurance afforded to such additional 2. Available under the applicable Limits of
insured only applies to the extent permitted by Insurance shown in the Declarations;
law; and
whichever is less.
2. If coverage provided to the additional insured is
required by a contract or agreement, the This endorsement shall not increase the
insurance afforded to such additional insured applicable Limits of Insurance shown in the
will not be broader than that which you are Declarations.
required by the contract or agreement to
provide for such additional insured.
B. This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
CG 20 18 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
COMMERCIAL GENERAL LIABILITY
CG 21 39 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTUAL LIABILITY LIMITATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The definition of "insured contract" in the DEFINI- b. A sidetrack agreement;
TIONS Section is replaced by the following: c. Any easement or license agreement, except in
"Insured contract" means: connection with construction or demolition opera-
a. A contract for a lease of premises. However, that tions on or within 50 feet of a railroad;
portion of the contract for a lease of premises that d. An obligation, as required by ordinance, to indem-
indemnifies any person or organization for damage nify a municipality, except in connection with work
by fire to premises while rented to you or temporar- for a municipality;
ily occupied by you with permission of the owner is e. An elevator maintenance agreement.
not an "insured contract";
CG 21 39 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
COMMERCIAL GENERAL LIABILITY
CG 21 44 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATION OF COVERAGE TO DESIGNATED
PREMISES OR PROJECT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Premises:
1) 936 Intervale Ave., Bronx, NY 10457-4220
2) 1035 Boynton Avenue, Bronx, NY 10472-5702
3) 1015 Boynton Avenue, Bronx, NY 10472-5718
4) 273 East 178TH Street, Bronx, NY 10457-4001
5) 245 East 178th Street, Bronx, NY 10457-4010
6) 441 Morris Park Avenue AKA 1185 Lebanon Street, Bronx, NY 10460-2524
7) 316 E 93rd Street, New York, NY 10128-5539
Project:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
This insurance applies only to “bodily injury”, “property 1. The ownership, maintenance or use of the
damage”, “personal and advertising injury” and medical premises shown in the Schedule and operations
expenses arising out of: necessary or incidental to those premises; or
2. The project shown in the Schedule.
CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
POLICY NUMBER: 88-G-1000937-00 COMMERCIAL GENERAL LIABILITY
CG 25 04 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s): All locations on file with “US” / Additional Premium: Included
$ 5,000,000 Maximum Limit
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. For all sums which the insured becomes legally b. Claims made or “suits” brought; or
obligated to pay as damages caused by “occur- c. Persons or organizations making claims or
rences” under COVERAGE A (SECTION I), and bringing “suits”.
for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can be 3. Any payments made under COVERAGE A for
attributed only to operations at a single designat- damages or under COVERAGE C for medical
ed “location” shown in the Schedule above: expenses shall reduce the Designated Loca-
tion General Aggregate Limit for that desig-
1. A separate Designated Location General nated “location”. Such payments shall not re-
Aggregate Limit applies to each designated duce the General Aggregate Limit shown in
“location”, and that limit is equal to the amount the Declarations nor shall they reduce any
of the General Aggregate Limit shown in the other Designated Location General Aggregate
Declarations. Limit for any other designated “location”
2. The Designated Location General Aggregate shown in the Schedule above.
Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each
damages under COVERAGE A, except dam- Occurrence, Fire Damage and Medical Ex-
ages because of “bodily injury” or “property pense continue to apply. However, instead of
damage” included in the “products-completed being subject to the General Aggregate Limit
operations hazard”, and for medical expenses shown in the Declarations, such limits will be
under COVERAGE C regardless of the num- subject to the applicable Designated Location
ber of: General Aggregate Limit.
a. Insureds;
CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by “occur- “products-completed operations hazard” is pro-
rences” under COVERAGE A (SECTION I), and vided, any payments for damages because of
for all medical expenses caused by accidents “bodily injury” or “property damage” included in
under COVERAGE C (SECTION I), which cannot the “products-completed operations hazard” will
be attributed only to operations at a single desig- reduce the Products-Completed Operations Ag-
nated “location” shown in the Schedule above: gregate Limit, and not reduce the General Ag-
1. Any payments made under COVERAGE A for gregate Limit nor the Designated Location Gen-
damages or under COVERAGE C for medical eral Aggregate Limit.
expenses shall reduce the amount available D. For the purposes of this endorsement, the Defini-
under the General Aggregate Limit or the tions Section is amended by the addition of the
Products-Completed Operations Aggregate following definition:
Limit, whichever is applicable; and “Location” means premises involving the same or
2. Such payments shall not reduce any Designated connecting lots, or premises whose connection is
Location General Aggregate Limit. interrupted only by a street, roadway, waterway or
right-of-way of a railroad.
E. The provisions of Limits Of Insurance (SECTION
III) not otherwise modified by this endorsement
shall continue to apply as stipulated.
CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023
IL 00 21 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply: B. Under any Medical Payments coverage, to
A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily injury"
or "property damage": resulting from the "hazardous properties" of
"nuclear material" and arising out of the opera-
(1) With respect to which an "insured" under tion of a "nuclear facility" by any person or or-
the policy is also an insured under a nuclear ganization.
energy liability policy issued by Nuclear En-
ergy Liability Insurance Association, Mutual C. Under any Liability Coverage, to "bodily injury"
Atomic Energy Liability Underwriters, Nu- or "property damage" resulting from "hazardous
clear Insurance Association of Canada or properties" of "nuclear material", if:
any of their successors, or would be an in- (1) The "nuclear material" (a) is at any "nuclear
sured under any such policy but for its ter- facility" owned by, or operated by or on be-
mination upon exhaustion of its limit of liabil- half of, an "insured" or (b) has been dis-
ity; or charged or dispersed therefrom;
(2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in "spent
of "nuclear material" and with respect to fuel" or "waste" at any time possessed,
which (a) any person or organization is re- handled, used, processed, stored, trans-
quired to maintain financial protection pur- ported or disposed of, by or on behalf of an
suant to the Atomic Energy Act of 1954, or "insured"; or
any law amendatory thereof, or (b) t
Preview
FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 EXHIBIT A FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 A Stock Company 1200 Main Street, Suite 800 Kansas City, MO 64105 (800) 221-2236 COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number 88-G-1000937-00 Renewal of Number New Named Insured and Mailing Address Producer Name and Mailing Address Zam Realty Management LLC All Risks, Ltd. 936 Intervale Ave. 10150 York Road, 5th Floor Bronx, NY 10459 Hunt Valley, MD 21030 POLICY PERIOD From: February 15, 2020 To: February 15, 2021 Term: Annual 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE General Aggregate Limit (Other than Products-Completed Operations) Products – Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Damage To Premises Rented to You Medical Expense Limit Deductible per claim DESCRIPTION OF BUSINESS AND LOCATION PREMISES Form of Business: Limited Liability Company Business Description: Apartment Buildings Location(s) of All Premise(s) You Own, Rent or Occupy: Per CG 2144 PREMIUM Rate Advanced Premium Classification Code No. Premium Basis Pr/Co All Other Pr/Co All Other Apartment Buildings ----- Units Included Included 378 Buildings or Premises ----- Area (sq ft) Included Included 7,850 Fully Earned Policy Fee Inspection Fee Total Advance Premium 25% of the Advanced Premiums are fully earned at policy inception This declaration together with the coverage form(s) and any applicable endorsements listed in the attached Forms Inventory, form a part of and complete the above numbered policy. See Forms Inventory GBR-FI-EXT 08 99 Issue Date: March 06, 2020 ci FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; and 1. The first Named Insured shown in the Declara- c. Recommend changes. tions may cancel this policy by mailing or deliver- 2. We are not obligated to make any inspections, ing to us advance written notice of cancellation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or delivering such actions we do undertake relate only to in- to the first Named Insured written notice of can- surability and the premiums to be charged. We do cellation at least: not make safety inspections. We do not under- a. 10 days before the effective date of cancella- take to perform the duty of any person or organi- tion if we cancel for nonpayment of premium; zation to provide for the health or safety of work- or ers or the public. And we do not warrant that con- ditions: b. 30 days before the effective date of cancella- tion if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective date only to us, but also to any rating, advisory, rate of cancellation. The policy period will end on that service or similar organization which makes in- date. surance inspections, surveys, reports or recom- mendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply to cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recommenda- Named Insured cancels, the refund may be less tions we may make relative to certification, under than pro rata. The cancellation will be effective state or municipal statutes, ordinances or regula- even if we have not made or offered a refund. tions, of boilers, pressure vessels or elevators. 6. If notice is mailed, proof of mailing will be suffi- E. Premiums cient proof of notice. The first Named Insured shown in the Declarations: B. Changes 1. Is responsible for the payment of all premiums; This policy contains all the agreements between you and and us concerning the insurance afforded. The first 2. Will be the payee for any return premiums we Named Insured shown in the Declarations is author- pay. ized to make changes in the terms of this policy with F. Transfer Of Your Rights And Duties Under This our consent. This policy's terms can be amended or Policy waived only by endorsement issued by us and made a part of this policy. Your rights and duties under this policy may not be transferred without our written consent except in the C. Examination Of Your Books And Records case of death of an individual named insured. We may examine and audit your books and records If you die, your rights and duties will be transferred to as they relate to this policy at any time during the pol- your legal representative but only while acting within icy period and up to three years afterward. the scope of duties as your legal representative. Until D. Inspections And Surveys your legal representative is appointed, anyone having 1. We have the right to: proper temporary custody of your property will have your rights and duties but only with respect to that a. Make inspections and surveys at any time; property. In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. President Secretary IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 FORMS INVENTORY Named Insured: Zam Realty Management LLC Policy Number: 88-G-1000937-00 Effective Date: February 15, 2020 Form Number Edition Date Form Title IL 0017 11-98 Common Policy Conditions NAC FI EXT 08-99 Forms Inventory IL P 001 01-04 U.S. Treasury Departments Office of Foreign Assets Control GBR 401 10-07 Named Insured Endorsement 0 NAC-SOS-001 07-99 Service of Suit Endorsement NAC-GB-R200 10-07 Deductible Liability Insurance NAC-GB-R202 10-07 Premium Payment Endorsement NAC-GB-R203 10-07 Premium Audit Endorsement NAC-GB-R257 02-14 Limited Assault & Battery Coverage with Defense inside limits CG 2018 11-85 AI-Mortgagee Assignee or Receiver CG 2139 10-93 Contractual Liability Limitation CG 2144 07-98 Limitation of Coverage to Designated Premises or Project CG 2504 03-97 Designated Location(s) General Aggregate Limit IL 0021 07-02 Exclusion-Nuclear Energy Liability Exclusion Endorsement NAC-GB-R201 10-07 Exclusion-Absolute Asbestos NAC-GB-R204 10-07 Exclusion-Lead Contamination NAC-GB-R206 06-04 Exclusion-Contractors Warranty NAC-GB-R208 10-07 Exclusion-Professional Services NAC-GB-R212 02-14 Exclusion-Assault & Battery NAC-GB-R218B 10-07 Exclusion-Punitive Damages NAC-GB-R225 03-11 Exclusion-Mold NAC-GB-R227 10-07 Exclusion-Communicable Disease NAC-GB-R228 06-04 Exclusion Bodily Injury to Independent Contractors NAC-GB-R245 03-11 Insured VS Insured Exclusion NAC-GB-R296 08-10 Exclusion-Prior Manifestation NAC-GB-R411 02-14 Exclusion-Absolute Liquor Liability NAC-GB-R414 04-16 Exclusion-Cyber Liability NAC-GB-R417 02-17 Exclusion-Unauthorized Electronic CG 0067 03-05 Exclusion-Violation of Statutes that Govern E-Mails Fax Phone NAC-FI-EXT (08/99) Page 1 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 FORMS INVENTORY Named Insured: Zam Realty Management LLC Policy Number: 88-G-1000937-00 Effective Date: February 15, 2020 CG 2135 10-01 Exclusion-Coverage C-Medical Payments CG 2136 03-05 Exclusion-New Entities CG 2147 12-07 Employment-Related Practices Exclusion CG 2149 09-99 Total Pollution Exclusion Endorsement CG 2153 01-96 Exclusion-Designated On-Going Operations CG 2196 03-05 Exclusion-Silica or Silica-Related Dust CG 2173 01-15 Exclusion-Certified Acts of Terrorism CG 0001 12-07 Commercial General Liability Coverage Form NAC-FI-EXT (08/99) Page 2 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: Foreign agents; Front organizations; Terrorists; Terrorist organizations; and Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site – http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 NORTH AMERICAN CAPACITY INSURANCE COMPANY Policy Number: 88-G1000937-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART In consideration of the policy premium charged, it is hereby agreed and understood that the Named Insured is amended to read as follows: Zam 93RD St. Corp. Zam 1015 Corp. 273 E. 176th Zam Corp. Zam 178th St. Corp. SDM Realty LLC Zam 936 LLC Zam Realty Management LLC And Any corporation or other business organization other than a joint venture in which the Named Insured shown in the Declarations, has or acquires during the policy period, an ownership interest of more then fifty percent (50%) and which is domiciled within the U.S., its territories or possessions, Puerto Rico or Canada. All other terms and conditions of the policy remain unchanged. NAC-GB-R401 (10/07) Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 SERVICE OF SUIT ENDORSEMENT It is understood and agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Named Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of the right of the Company to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the state of United States pertinent hereto. In any suit instituted against them upon this contract, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. It is further agreed that service of process in such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the Statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance. The Company hereby designates the President of North American Capacity Insurance Company, 1200 Main Street, Suite 800, Kansas City, MO 64105, as the person to who the said Superintendent, Commissioner, or Director of Insurance is authorized to mail such process or a true copy thereof, in compliance with the applicable statutes governing said service of process in the state or jurisdiction in which a cause of action under this contract of insurance arises. (This attaching clause needs to be completed only when this endorsement is issued subsequent to preparation of the Policy.) This endorsement, effective forms are part of policy number 88-G-1000937-00 Issued to by NORTH AMERICAN CAPACITY INSURANCE COMPANY. All other terms and conditions of this policy remain unchanged. NAC-SOS-001 (07/99) FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 NORTH AMERICAN CAPACITY INSURANCE COMPANY Policy Number: 88-G1000937-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE (Including Costs and Expenses) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Amount of Deductible Bodily Injury Liability (including Costs and Expenses) Property Damage Liability (including Costs and Expenses) Personal and Advertising Injury Liability (including Costs and expenses) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Application of Endorsement (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all “bodily injury”, “property damage”, “personal injury” and “advertising injury”, however caused): 1. Our obligation under the Bodily Injury Liability, Property Damages Liability, Personal Injury Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the schedule as applicable to such coverages, and the limits of insurance applicable to “each occurrence” for such coverages will be reduced by the amount of such deductible. “Aggregate” limits for such coverages shall not be reduced by the application of such deductible. 2. The deductible amount applies: a. Under the Bodily Injury Liability, to all damages because of “bodily injury” sustained by one person; b. Under the Property Damage Liability, to all damages because of “property damage” sustained by one person or organization; or c. Under the Personal Injury or Advertising Injury Liability, to all damages because of “personal injury” or “advertising injury” sustained by one person or organization, as a result of any one “occurrence”. NAC-GB-R200 (10/07) Page 1 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 NORTH AMERICAN CAPACITY INSURANCE COMPANY 3. The deductible amount shown in the Schedule applies toward investigation, adjustment and legal expenses incurred in the handling and investigation of each claim, whether or not payment is made to claimant, compromise settlement is reached or claim is denied. 4. The terms of this insurance, including those with respect to: a. Our right and duty to defend “suits” seeking those damages; and b. Your duties in the event of an “occurrence”, claim or suit, apply irrespective of the application of the deductible amount. 5. We may at our sole election and option, either: a. Pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken, you shall promptly reimburse us to such part of the deductible amount as has been paid by us; or b. Upon our receipt of notice of any claim or at any time thereafter, request you to pay over and deposit with us all or any part of the deductible amount, to be held and applied per the terms of this policy. All other terms and conditions of the policy remain unchanged. NAC-GB-R200 (10/07) Page 2 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 Policy Number: 88-G-1000937-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM PAYMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Apartment Buildings - This premium will be adjustable at expiration at a rate of per 1 of Units, subject to a minimum annual premium of Buildings or Premises - This premium will be adjustable at expiration at a rate of per of Area (sq ft), subject to a minimum annual premium of . All other terms and conditions of the policy remain unchanged. NAC-GB-R202 (10/07) Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 Policy Number: 88-G-1000937-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 5. Premium Audit of the policy conditions is deleted and replaced by the following: 5. Premium Audit All premiums for this policy shall be computed in accordance with the Company’s rules, rates, rating plans, premiums and minimum premiums applicable to the Insurance afforded herein. Premium shown in this coverage part as “advance premium” is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period), designated in the policy as the audit period, the earned premium shall be computed for such period and, upon notice thereof, to the Named Insured, shall become due and payable. Should it become necessary to institute collection activities, including litigation, in order to collect the additional earned premium, then the Insured shall be responsible to 100% of the expense, fees and costs incurred by the Company in that regard plus any collectible interest. If the total computed earned premium for the policy period is less than the premium previously paid, then the Company shall receive and retain no less than the minimum annual premium(s) listed in the Premium Payment Endorsement attached hereto. The Named Insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. All other terms and conditions of the policy remain unchanged. NAC-GB-R203 (10/07) Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 NORTH AMERICAN CAPACITY INSURANCE COMPANY Policy Number: 88-G1000937-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ASSAULT & BATTERY COVERAGE With Defense Inside Limits This endorsement modifies your policy under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART In consideration of the additional premium paid, we agree to afford coverage as stated below: A. The specific coverage excluded under NAC-GB-R212 (02/14) is reinstated subject to the following terms, conditions and the limits of insurance stated below. 1. We will pay no more than the applicable limit set forth below for sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" for coverage excluded under NAC-GB-R212 (02/14). Defense fees and costs are also paid from and reduce the applicable limit set forth below. The applicable limit in this form is the most we will pay regardless of: i. The amount of the defense costs and fees; ii. The amount of any demand for indemnity; iii. The number of insureds; iv. The number of claims or "suits" brought against you, or v. The limits stated in the Declarations. 2. Our duty to investigate, defend and indemnify you will end when we have used up the applicable limit of insurance set forth below by payment of costs, fees, expenses, or indemnity. 3. When the applicable limit shown below exhausts from the payment of any claim, judgment, settlement, and/or defense costs and fees, you agree to take over the further handling of the claim or suit and to assume payment for all further costs and expenses incurred, including attorney fees, from the date of the payment that exhausts the policy limit until the claim, demand or suit is resolved. 4. We will have no duty to defend or indemnify you or otherwise resolve any claim(s) or "suit"(s) pending against you after exhaustion of the applicable limit. In this event, you agree to timely stipulate to any motion or application necessary for the withdrawal of insurer-appointed counsel. B. Limits: Commercial General Liability Assault & Battery Each "Occurrence" Liquor Liability Assault & Battery Each "Common Cause" "Combined Assault & Battery Aggregate" NAC-GB-R257 (02/14) Page 1 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 NORTH AMERICAN CAPACITY INSURANCE COMPANY The limits above are not in addition to the limits stated in the Declarations. However, all payments made pursuant to coverage extended under this endorsement will also reduce the applicable Limit of Insurance shown in the Declarations. The "Combined Assault & Battery Aggregate Limit" is the most we will pay for coverage under this endorsement regardless of the number of claims or "suits" brought against you arising out of more than one "occurrence" and/or "common cause." "Common Cause" means any claim, demand, or "suit" for injuries sustained by one or more persons as a result of the providing of alcoholic beverages. All other terms, conditions, exclusions, limitations and definitions of this policy remain in full force and unchanged. NAC-GB-R257 (02/14) Page 2 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 POLICY NUMBER: 88-G-1000937-00 COMMERCIAL GENERAL LIABILITY CG 20 18 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises All entities as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III – Limits Of Insurance: with respect to their liability as mortgagee, If coverage provided to the additional insured is assignee, or receiver and arising out of the required by a contract or agreement, the most we ownership, maintenance, or use of the premises will pay on behalf of the additional insured is the by you and shown in the Schedule. amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted by Insurance shown in the Declarations; law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the This endorsement shall not increase the insurance afforded to such additional insured applicable Limits of Insurance shown in the will not be broader than that which you are Declarations. required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 20 18 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 COMMERCIAL GENERAL LIABILITY CG 21 39 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the DEFINI- b. A sidetrack agreement; TIONS Section is replaced by the following: c. Any easement or license agreement, except in "Insured contract" means: connection with construction or demolition opera- a. A contract for a lease of premises. However, that tions on or within 50 feet of a railroad; portion of the contract for a lease of premises that d. An obligation, as required by ordinance, to indem- indemnifies any person or organization for damage nify a municipality, except in connection with work by fire to premises while rented to you or temporar- for a municipality; ily occupied by you with permission of the owner is e. An elevator maintenance agreement. not an "insured contract"; CG 21 39 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 COMMERCIAL GENERAL LIABILITY CG 21 44 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: 1) 936 Intervale Ave., Bronx, NY 10457-4220 2) 1035 Boynton Avenue, Bronx, NY 10472-5702 3) 1015 Boynton Avenue, Bronx, NY 10472-5718 4) 273 East 178TH Street, Bronx, NY 10457-4001 5) 245 East 178th Street, Bronx, NY 10457-4010 6) 441 Morris Park Avenue AKA 1185 Lebanon Street, Bronx, NY 10460-2524 7) 316 E 93rd Street, New York, NY 10128-5539 Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance applies only to “bodily injury”, “property 1. The ownership, maintenance or use of the damage”, “personal and advertising injury” and medical premises shown in the Schedule and operations expenses arising out of: necessary or incidental to those premises; or 2. The project shown in the Schedule. CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 POLICY NUMBER: 88-G-1000937-00 COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations on file with “US” / Additional Premium: Included $ 5,000,000 Maximum Limit (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally b. Claims made or “suits” brought; or obligated to pay as damages caused by “occur- c. Persons or organizations making claims or rences” under COVERAGE A (SECTION I), and bringing “suits”. for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be 3. Any payments made under COVERAGE A for attributed only to operations at a single designat- damages or under COVERAGE C for medical ed “location” shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General nated “location”. Such payments shall not re- Aggregate Limit applies to each designated duce the General Aggregate Limit shown in “location”, and that limit is equal to the amount the Declarations nor shall they reduce any of the General Aggregate Limit shown in the other Designated Location General Aggregate Declarations. Limit for any other designated “location” 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under COVERAGE A, except dam- Occurrence, Fire Damage and Medical Ex- ages because of “bodily injury” or “property pense continue to apply. However, instead of damage” included in the “products-completed being subject to the General Aggregate Limit operations hazard”, and for medical expenses shown in the Declarations, such limits will be under COVERAGE C regardless of the num- subject to the applicable Designated Location ber of: General Aggregate Limit. a. Insureds; CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by “occur- “products-completed operations hazard” is pro- rences” under COVERAGE A (SECTION I), and vided, any payments for damages because of for all medical expenses caused by accidents “bodily injury” or “property damage” included in under COVERAGE C (SECTION I), which cannot the “products-completed operations hazard” will be attributed only to operations at a single desig- reduce the Products-Completed Operations Ag- nated “location” shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under COVERAGE A for gregate Limit nor the Designated Location Gen- damages or under COVERAGE C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defini- under the General Aggregate Limit or the tions Section is amended by the addition of the Products-Completed Operations Aggregate following definition: Limit, whichever is applicable; and “Location” means premises involving the same or 2. Such payments shall not reduce any Designated connecting lots, or premises whose connection is Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 FILED: BRONX COUNTY CLERK 11/13/2023 12:32 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/13/2023 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: B. Under any Medical Payments coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily injury" or "property damage": resulting from the "hazardous properties" of "nuclear material" and arising out of the opera- (1) With respect to which an "insured" under tion of a "nuclear facility" by any person or or- the policy is also an insured under a nuclear ganization. energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual C. Under any Liability Coverage, to "bodily injury" Atomic Energy Liability Underwriters, Nu- or "property damage" resulting from "hazardous clear Insurance Association of Canada or properties" of "nuclear material", if: any of their successors, or would be an in- (1) The "nuclear material" (a) is at any "nuclear sured under any such policy but for its ter- facility" owned by, or operated by or on be- mination upon exhaustion of its limit of liabil- half of, an "insured" or (b) has been dis- ity; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in "spent of "nuclear material" and with respect to fuel" or "waste" at any time possessed, which (a) any person or organization is re- handled, used, processed, stored, trans- quired to maintain financial protection pur- ported or disposed of, by or on behalf of an suant to the Atomic Energy Act of 1954, or "insured"; or any law amendatory thereof, or (b) t