Plaintiff, the owner of a building in Manhattan, seeks holdover rent and recovery for damages sustained as a result of a fire in a commercial space that had been leased to defendant.
The motion court correctly dismissed plaintiff's claim for contractual indemnity. The controlling lease provision requires each party to "look first to any insurance in its favor before making any claim against the other" in the event of fire or other casualty damage (¶ 9 [e]), which...
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