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PARSEGHIAN v. GOLDEN PLUM FRUIT CORP.

186 A.D.2d 546 (1992)

Vartuhi Parseghian et al., Plaintiffs, v. Golden Plum Fruit Corp., Defendant and Third-Party Defendant, Dav Gold Realty Corp., Defendant and Third-Party Plaintiff-Appellant, and Mee-Mee Produce, Inc., Defendant and Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1992

Ordered that the order is affirmed, with costs.

The appellant landlord, Dav Gold Realty Corp., seeks indemnity from its tenant Mee-Mee Produce, Inc., for damages paid to the plaintiff in settlement of the plaintiff's claim that she was injured when she slipped on lettuce leaves and fell while present on the subject premises. However, "where a party voluntarily settles a claim, he must demonstrate that he was legally liable to the party whom he paid in order to recover...

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