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MALDONADO v. SOUTH BRONX DEVELOPMENT CORP.

1340, 21294/05.

66 A.D.3d 612 (2009)

888 N.Y.S.2d 25

2009 NY Slip Op 7768

ROSA E. MALDONADO, Plaintiff, v. SOUTH BRONX DEVELOPMENT CORP., Defendant, FOOD BAZAAR, Respondent, and CP ASSOCIATES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2009.

Summary relief is appropriate on a claim for contractual defense where, as here, the lease agreement is unambiguous and clearly sets forth the parties' intention that a lessee provide a defense to the lessor for injuries sustained (see Brook Shopping Ctr. v Liberty Mut. Ins. Co., 80 A.D.2d 292 [1981]). While the duty to defend is clear, we note that issues of fact as to liability in the underlying personal injury action render premature...

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