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Landlord & Tenant Law
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk
Medina v. 676 Hunts Point Realty Cop., NYLJ 12/13/21, p. 18, col. 5, AppDiv, First Dept. (memorandum opinion)
In a personal injury action against commercial landlord, landlord and tenant's assignee appealed from Supreme Court's grant of summary judgment to tenant, but not tenant's assignee, on landlord's cross-claim for contractual and common law indemnification. The Appellate Division modified to grant summary judgment to tenant's assignee, emphasizing that the subject lease did not include the sidewalk on which the injury occurred.
The commercial lease at issue did not include the sidewalk adjacent to the demised premises, nor transfer any responsibility for repair of the sidewalk to tenant. Tenant subsequently assigned the lease to assignee. When the injured plaintiff brought this action against landlord, tenant, and tenant's assignee, landlord cross-claimed for contractual and common law indemnification. Supreme Court granted the tenant's summary judgment motion, but denied assignee's summary judgment motion.
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