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AZURAK v. CORPORATE PROP. INVESTORS

790 A.2d 956 (2002)

347 N.J. Super. 516

Mary AZURAK, Plaintiff, v. CORPORATE PROPERTY INVESTORS, t/a Ocean County Mall, Defendant-Respondent, and Planned Building Services, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2002.

Attorney(s) appearing for the Case

Theresa E. Mullen argued the cause for appellant (Sachs, Maitlin, Fleming, Greene, Wilson & Marotte, attorneys; Ms. Mullen, on the brief).

Lawrence M. Berkeley, Livingston, argued the cause for respondent (Rubin & Fiorella, attorneys; Mr. Berkeley, on the brief).

Before Judges SKILLMAN, CARCHMAN and WELLS.

The opinion of the court was delivered by CARCHMAN, J.A.D.

In a pre-trial motion, the motion judge determined that defendant Planned Building Services (PBS) was required to indemnify defendant Corporate Property Investors (the Mall) for damages arising from the Mall's negligence as well as pay all defense costs. We conclude that the Mall is not entitled to indemnification for its own negligence under its indemnification provision absent "explicit contractual language...

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