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PRINCE PHILIP PARTNERSHIP v. CUTLIP

No. 15, September Term, 1990.

321 Md. 296 (1990)

582 A.2d 992

PRINCE PHILIP PARTNERSHIP v. BASIL CUTLIP, JR.

Court of Appeals of Maryland.

December 10, 1990.

Attorney(s) appearing for the Case

William J. Kobokovich, Jr. and George L. Huber, Jr. (Huber & Lutche, Douglas C.T. Maloon, on brief), Baltimore, for appellant.

Thomas L. Doran (Timothy E. Howie, O'Malley, Miles, & Harrel, on brief), Upper Marlboro, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW and MARVIN H. SMITH (retired, specially assigned), JJ.

RODOWSKY, Judge.

Presented here is a claim against a tenant by a landlord seeking contractual indemnity for the landlord's tort liability to a handicapped invitee of the tenant. The trial court correctly held, on the facts presented here and for reasons hereinafter stated, that the indemnification provision of the lease was void by operation of Md.Code (1974, 1988 Repl. Vol.), § 8-105 of the Real Property Article (RP). The statute reads in full:

"If...

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