WILLIAMS v. 2897 THIRD AVE., INC., LLC

Index No. 25027/2017E. Appeal No. 11883. Case No. 2019-4694.

186 A.D.3d 1182 (2020)

131 N.Y.S.3d 336

2020 NY Slip Op 05171

Shameka Williams, Plaintiff, v. 2897 Third Avenue, Inc., LLC, Respondent, and City Mall, Inc., Appellant, et al., Defendants.

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

Decided September 29, 2020.


In this trip and fall action, defendant tenant City Mall's obligations to defend and indemnify defendant landlord Third Avenue are governed by the lease provision concerning contractual indemnification, not the provision regarding insurance procurement. As no evidence was offered by Third Avenue to show any relationship between plaintiff's trip and fall and City Mall's occupancy or lease obligations, denial of Third Avenue's summary judgment motion on its cross claim is warranted...

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