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747 THIRD AVE. CORP. v. KILLARNEY

225 A.D.2d 375 (1996)

639 N.Y.S.2d 32

747 Third Avenue Corporation et al., Appellants, v. John P. Killarney et al., Respondents

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

March 14, 1996

Upon review of the record, we agree that the first, third and fourth causes of action were properly dismissed, the first, as plaintiffs concede, as having been rendered moot by the findings in an earlier trial and the third and fourth as meritless since the lease provisions relied upon, Sections 9.03 and 9.05, only required the defendant tenants to indemnify the landlord for damages occurring "upon, in or about" the demised premises...

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